Haresh Pundlik Patil v. The State Of Maharashtra Thr The Secretary And ORS

12_WP4743_26.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4743 OF 2026 Haresh Pundlik Patil ...

Petitioner Vs.

State of Maharashtra and others ...

Respondents Mr. Aniket Gawand for Petitioner.

Mr. O. A. Chandurkar, Additional GP a/w. Ms. M. S. Bane, AGP for Respondent No.1-State.

CORAM : MANISH PITALE & SHREERAM V. SHIRSAT, JJ.

DATE : APRIL 17, 2026 P.C. :

.

The petitioner in this petition has challenged notifications issued under Sections 4 and 6 of the Land Acquisition Act, 1894, which culminated in land acquisition award passed as far back as on 21.01.1991. Even the notices issued under Section 12(2) of the said Act are made subject matter of challenge in this petition. It is also an admitted position that the grandfather of the petitioner had filed a suit in the year 1990 before a civil court, praying for a decree injuncting the State authorities from acquiring the land. It is an admitted position that the said suit remained pending till it was withdrawn in the year 2023. 2.

In such a situation, we are not inclined to entertain this petition for relief in terms of prayer clause (a).

3.

At this stage, Mr. Gawand, learned counsel for the petitioner seeks leave to amend the petition as it is claimed that the respondent State authorities neither took possession of the subject land nor paid compensation to the petitioner.

MINAL SANDIP PARAB by MINAL SANDIP PARAB Date: 2026.04.17 17:34:54 +0530 1/2

12_WP4743_26.doc 4.

Since no such pleadings are found in the writ petition, we are not inclined to consider the said aspect of the matter without appropriate pleadings and prayer clauses being placed on record in the writ petition. 5.

Hence, adjourned to 05.05.2026; to be taken up in the fresh category.

6.

In the meanwhile, the petitioner may place before this Court, the Schedule of proposed amendment.

(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.) Minal Parab 2/2