Thakaji Mahadeo Thorat Died Thr Lrs Shashikantt Baban Thorat And Another v. The State Of Maharashtra Through Its Secretary And Others

2026:BHC-AUG:21405-DB {1} wp7742-25.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.7742 OF 2025 Thakaji Mahadeo Thorat (Died) LRs PETITIONER

VERSUS

The State of Maharashtra and Others RESPONDENTS .......

Mr. S. K. Shinde, Advocate for the Petitioner Mr. P. K. Lakhotiya, AGP for Respondent - State .......

[CORAM : NITIN B. SURYAWANSHI, & VAISHALI PATIL-JADHAV, J. J.] DATE : 6 th MAY, 2026 ORDER :

1.

Admittedly, the case of the Petitioners is squarely covered by the judgment of this Court in "Mahesh Shivaji Dighe and Another V/s State of Maharashtra and Others" 2004 (4) Mh.L.J. 614, which is consistently followed by this Court in Writ Petition No. 1003 of 2014 and 2195 of 2022.

2.

For the reasons stated in "Mahesh Shivaji Dighe" (supra), the Writ Petition is allowed in terms of prayer clauses "A" and "B", which are as follows:

"A.

To quash and set aside the Award dated 08.03.1996 (as it is lapsed in view of sec. 11-A of the said Act) and in respect of

{2} wp7742-25.doc petitioners land Survey No. 828 adm. 1 H. 21 R. situated at village Kolhewadi, Tq. Sangamner, Dist. Ahmednagar B.

It may declare that, Award dated 08.03.1996 is liable to quash and set aside as it is lapsed in view of decision reported in 2004 (4) MH.L.J. 614 and the M.E. 3235 is also liable to quash and set aside and name of respondent No.3 is liable to be removed from the 7 X 12 extracts of the petitioners land bearing Gat No. 828 adm. 1 H. 21 R. situated at village Kolhewadi, Tq. Sangamner, Dist Ahmednagar forthwith."

[ VAISHALI PATIL-JADHAV ] [ NITIN B. SURYAWANSHI ] JUDGE JUDGE drp/wp7742-25.doc