Atul Projects India Private Limited v. State Of Maharashtra, Through Its Honble Revenue Minister, Revenue And Forest Dept.

902.WP.3184.2025.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.3184 OF 2025 Atul Projects India Private Limited Petitioner

Versus

The State of Maharashtra, through its Hon'ble Revenue Minister and others Respondents _______ Mr.Simil Purohit with Mr.Ruturaj Bapat, Mr.Akshit Dedhia, Ms.Dhanashree Humbarkar i/by Wadia Ghandy & Co. for Petitioner. Mr.Vishal Khanavkar, AGP for Respondents State. _______

CORAM:

G. S. KULKARNI & AARTI SATHE, JJ.

DATE:

30th September 2025 P.C.

1.

This petition under Article 226 of the Constitution of India is filed praying for following substantive reliefs :

"(a) That this Hon'ble Court be pleased to issue a Writ of Mandamus or a writ in the nature of Mandamus or any other appropriate writ, order or direction under Article 226 of the Constitution of India directing Respondent no.2 to forthwith process and decide the Petitioner's NA Application dated 17.2.2023 in respect of CTS Nos.460A, 531B and 531F of Village Nahur, Taluka Kurla (Exh.B); (b) Declare that the Respondent no.2 has no legal authority to withhold NA Permission merely on the basis of pendency of a representation/review filed by a third party, in the absence of any restraint/stay order (Exh.D);

(c) Direct the Respondent no.2 to grant deemed NA permission under Section 42 & 44 of the Maharashtra Land Revenue Code, 1966, and the Government Circular dated 13.3.2024, in the event the Respondent NO.2 fails to pass a order within the period prescribed by this Hon'ble Court."

MANISH SURESHRAO THATTE MANISH SURESHRAO THATTE Date: 2025.10.01 10:00:31 +0530 Manish Thatte

902.WP.3184.2025.DOC 2.

Admittedly the Petitioner has remedy of an appeal under the provisions of Maharashtra Land Revenue Code. The Petitioner is at liberty to take appropriate recourse within one week from today. 3.

If such an appeal is filed, the same be heard without any objection as to limitation. All contentions of the parties in that behalf are expressly kept open. 4.

Learned counsel for Petitioner submits that short issue is involved in regard to jurisdiction. Needless to state that the Appellate Authority shall decide such issue as a preliminary issue as expeditiously as possible and in any event within a period of four weeks from the date on which such application is made. 5.

The petition is disposed of in above terms. No costs. (AARTI SATHE, J.) (G. S. KULKARNI, J.) Manish Thatte