Nagesh Haribhau Patil v. Sub Divisional Officer And Comptent Authority And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6836 OF 2026 Nagesh Haribhau Patil ..

Petitioner Sub-Divisional Officer and Competent Authority and Ors ..

Respondents ------------------ Mr. Chintamani Kamlakar Bhangoji, for the Petitioner. Ms. G. R. Raghuwanshi, AGP for Respondent Nos. 1, 3 - State. Ms. Amrita Kharkar, a/w Ms. Sayalee Bhosale, i/b P. H. Potnis for Respondent No. 2.

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CORAM

:

MANISH PITALE & SHREERAM V. SHIRSAT, JJ.

DATE :

11TH JUNE 2026.

PC:

1.

Heard learned counsel for the Petitioner.

2.

By this petition, the Petitioner is seeking limited directions to Respondent No. 1 - Sub-Divisional Officer and Competent Authority, Bhiwandi Division, Thane, for deciding an application/objection raised by the Petitioner on 09/08/2018, as regards disbursal of amount of compensation. Respondent No. 2 is the contesting private party, who is represented by counsel. Respondent Nos. 1 and 3 are represented by the learned AGP and therefore, all the parties are before this Court.

3.

The learned counsel for the petitioner invited attention of this Court to Rojnama maintained by the Respondent No.1, which shows that as far back as on 18/07/2019, hearing on the said application was conducted and the matter was closed for orders. Attention of this Court is also invited to a communication dated 03/02/2026, issued by the office of the Respondent No. 1, specifically stating that no order upon the said application is found in the relevant file.

4.

It is evident that despite the application having been filed by the Petitioner as far back as in the year 2018, which was closed for orders on 18/07/2019, no effective orders have been passed till date. 5.

Even if such an order has been passed, it is not available in the relevant file maintained by the office of the Respondent No. 1. 6.

In view of the above, in the interest of justice, we direct Respondent No. 1- Sub-Divisional Officer and Competent Authority to pass appropriate orders in accordance with law on the objection/application dated 09/08/2018, submitted by the Petitioner.

7.

We make it clear that this Court has not expressed any opinion on the merits of the matter and the rights and contentions of the Petitioner as well as Respondent No. 2 are kept open. The Respondent No. 1 shall proceed to pass the order strictly in accordance with law.

8.

Respondent No. 1 shall pass appropriate order, if not already passed, within six weeks from today. It is made clear that if Respondent No. 1 thinks it fit, appropriate hearing may also be granted to the Petitioner as well as Respondent No. 2.

9.

Writ petition is disposed of. Pending applications, if any, also stand disposed of.

(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)