Anil Bhimrao Kamble v. Secretary, Chief Minister, Mumbai And Others

2026:BHC-NAG:5918-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 7657 OF 2025 Anil Bhimrao Kamble .Vs.

Secretary, Chief Minister, Mumbai and others _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Dr Mohan Gawai, Advocate for the petitioner/s Mr A. V. Palshikar, AGP for the State Mr Aniket Chavhan, Advocate for respondent No. 19 Mr M. A. Vishnu, Advocate for respondent Nos. 14 to 16 CORAM : ANIL S. KILOR AND RAJ D. WAKODE, JJ.

DATED : 15 th APRIL , 2026 .

Heard.

2.

In this writ petition, a challenge is raised to the Government Resolution dated 28.06.2021 and the Gram Panchayat resolution dated 26.11.2025, on the ground that they are contrary to the Government Resolution dated 11.08.2016, which has laid down the guidelines in respect of establishment of memorials of freedom fighter/great personalities.

3.

According to the petitioner, clause (3) of the Government Resolution dated 11.08.2016 has not been complied with, which stipulates that while granting land for such memorial, a precaution shall be taken that it should not cause any inconvenience to the citizens and it should not

create any communal differences/violence. It further states that the Government rules shall be followed while making construction of such memorial and it should not be constructed on the private land.

4.

The petitioner is relying upon the FIR which was filed on 23.10.2024. Having gone through the FIR, it is evident that the dispute was not in relation to allotment of land, as per the impugned resolution passed by the Gram Panchayat dated 26.11.2025 for the memorial of Martyr Ramrao Sodgir, but it arose out of demand of certain people to allow to use that land for Buddha Vihar, which was rejected. 5.

From the FIR, it is evident that the law and order situation is not created because of allotment of the said land by the Gram Panchayat for the memorial of Martyr Ramrao Sodgir, but because of demand of the land, for Buddha Vihar, which was already allotted for memorial. Therefore, it cannot be said that there was any non compliance of clause 3(1). 6.

Furthermore, the Government Resolution dated 11.08.2016 is subsequent to the allotment of the land made by the Gram Panchayat on 26.11.2015. The petitioner has failed to point out that the said GR is applicable retrospectively.

7.

Further, from 2015 to 2024, for about nine years, no law and order situation arose in the village because of such allotment of land and as far as the impugned resolution dated

28.06.2021 is concerned, it is only in relation to the constitution of committee for memorial to be constructed in the name of Martyr Ramrao Namdeorao Sodgir 8.

In the circumstances, we do not find any merit in the present petition, accordingly, it is dismissed. Pending applications, if any, also stand disposed of. No order as to costs.

[RAJ D. WAKODE, J] [ANIL S. KILOR, J.] Namrata Signed by: Miss Namrata Suryawanshi Designation: PA To Honourable Judge Date: 17/04/2026 14:49:04