Tarabai Nanasaheb Mane Deshmukh Decd Thr Lhr Krushnarav ... and Anr. vs the State of Maharashtra and Ors. — Bombay HC (2025) — LawSathi Research

Tarabai Nanasaheb Mane Deshmukh Decd Thr Lhr Krushnarav ... and Anr. vs the State of Maharashtra and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Both writ petitions disposed of in terms of prayer clause (a): Petitioners granted two weeks to file documents; the concerned authority to decide the applications (lead forms) and pass a reasoned order within eight weeks thereafter and communicate it to the Petitioners; all contentions kept open; no costs.

Issue for consideration

Whether the Respondent-Authorities ought to be directed to issue lead forms to the Petitioners under the Government Resolution referred to in the petitions and to decide the lead forms submitted by the Petitioners within a time-bound manner.

Court's answer

For the same reasons as in the order dated 4th April 2025 passed by this Court in Writ Petition No. 4303 of 2016, the present Petition can be disposed of in terms of prayer clause (a).

Ratio / Principle

The Petitioners are at liberty to file documents in respect of their case within a period of two weeks from today.

Key takeaways

The concerned authority is to decide the application and pass a reasoned order within a period of eight weeks thereafter and communicate the same to the Petitioners.ratio¶35
All contentions of the parties are kept open; the Court has not expressed any opinion on the merits of the Petition, and it is open to the Respondents to produce relevant material and documents in support of their contentions.ratio¶36

Detailed headnote1 paragraphs

Bombay High Court, Circuit Bench at Kolhapur (Civil Appellate Jurisdiction) — Writ Petition No. 7267 of 2025 (Krushnarav alias Kisan Nanasaheb Mane-Deshmukh, since deceased through LRs.) along with Writ Petition No. 6477 of 2025 (Tarabai Nanasaheb Mane-Deshmukh, since deceased through LRs.) v. The State of Maharashtra & Ors.; coram M. S. Karnik and Sharmila U. Deshmukh, JJ.; decided September 9, 2025. The petitioners sought a direction to the Respondent-Authorities to issue 'lead forms' under the Government Resolution referred to in the petitions and to decide the submitted lead forms within a time-bound manner. Adopting the same reasons as its order dated 4th April 2025 in Writ Petition No. 4303 of 2016 (Smt. Jayashri Narayanrao Mane & Ors. v. The Collector, Solapur and Ors.) — which had directed fresh consideration of an application dated 09.11.2012 for return of lands under GR dated 04.05.2012 read with Section 28-1AA(3) of the Maharashtra Agricultural Lands (Ceiling and Holdings) Act, 1961, restricted to the application of Narayanrao Nanasaheb Mane-Deshmukh in respect of 18 acres — the Court disposed of both petitions in terms of prayer clause (a): liberty to the petitioners to file documents within two weeks; the concerned authority to decide the application and pass a reasoned order within eight weeks thereafter and communicate it to the petitioners; all contentions kept open with no expression of opinion on the merits; no costs.

4-7267-2025-CWP-C=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 7267 OF 2025

Digitally signed by UDAY UDAYSHIVAJI SHIVAJI JAGTAP JAGTAP Date:2025.09.10 18:02:10 +0530

Krushnarav alias Kisan Nanasaheb

Mane-Deshmukh since deceased through LRs. … Petitioners

Versus

The State of Maharashtra & Ors. … Respondents

ALONG WITH

WRIT PETITION NO. 6477 OF 2025

Tarabai Nanasaheb Mane-Deshmukh

Since deceased through LRs. … Petitioners

Versus

The State of Maharashtra & Ors. … Respondents

Mr. Ve nkatesh Shinde (through VC) for the Petitioners. Mr. Nitin Deshpande (through VC) a/w Mr. Abhijeet B. Desai for the Respondent No.5.

Mr. S.B. Kalel, AGP for the Respondent – State.

Coram : M. S. Karnik & Sharmila U. Deshmukh, JJ.

Date : September 9, 2025.

P. C. :

1. Heard learned Counsel for the Petitioners. Both the Petitions are

being disposed of by a common order.

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Uday S. Jagtap

4-7267-2025-CWP-C=.doc

2. The relief prayed for by the Petitioners is for direction to the Respondents - Authorities to issue lead forms to the Petitioners under the G.R. referred to in the petitions and decide the said lead forms, which are submitted by the Petitioners within a time bound manner.

3. The petitions are opposed by Mr. Deshpande, appearing on behalf of the Respondent No.5.

4. It is pertinent to note that this Court in Writ Petition No. 4303 of 2016 in the case of Smt. Jayashri Narayanrao Mane & Ors. Vs. The Collector, Solapur and Ors. had passed the order dated 4^th April 2025, which reads thus :-

“(a) The Respondent No.1 Collector, Solapur or such other appropriate sub-ordinate authority of the Respondent/State who is competent to decide the Petitioner’s application for return of the lands under provisions of Government Resolution (GR) dated 04.05.2012 read with provisions of Section 28-1AA (3) of the Maharashtra Agricultural Lands (Ceiling and Holdings) Act, 1961, is directed to consider the Petitioner’s application dated 09.11.2012 afresh in accordance with law and in light of the order of the Supreme Court and compromise thereunder in Petitioner’s family and further in view of similarly situated belated case considered by the Respondents. The consideration shall be restricted only as regards the application of Narayanrao Nanasaheb Mane-Deshmukh in respect of 18 acre of land.

(b) Petitioners are at liberty to file documents in support of their case within a period of 4 weeks from today.

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Uday S. Jagtap

4-7267-2025-CWP-C=.doc

(c) Concerned authority to hear the Petitioners or their representative and decide the Petitioner’s application within a period of eight weeks thereafter. Decision be taken by a reasoned order and communicated to the Petitioners.

5. In our opinion, for the same reasons as in the order dated 4^th April 2025 passed by this Court in Writ Petition No. 4303 of 2016, the present Petition can be disposed of in terms of prayer clause (a).

6. The Petitioners are at liberty to file documents in respect of their case within a period of two weeks from today. The concerned authority to decide the application and pass a reasoned order within a period of eight weeks thereafter and communicate the same to the Petitioners.

7. It is made clear that all contentions of the parties are kept open and we have not expressed any opinion on the merits of the Petition. It is open for the Respondents also to produce the relevant material and documents in support of their contentions.

8. Both the Petitions stand disposed of in the above terms. No costs.

[ Sharmila U. Deshmukh, J. ] [ M. S. Karnik ]

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Uday S. Jagtap