Sudhakar Ramsing Jadhav and Others vs the State of Maharashtra and Others — Bombay HC (2026) — LawSathi Research

Sudhakar Ramsing Jadhav and Others vs the State of Maharashtra and Others — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Matter adjourned; Petitioners granted four weeks to file documents showing their lands are affected by the proposed road, along with an additional affidavit; matter to be listed for further consideration on 24th March, 2026; failing which the Petitions shall stand dismissed automatically without further reference to the Court.

Issue for consideration

Whether the Petitioners' lands are affected by the proposed road, which the Petitioners were given an opportunity to demonstrate with documents and an additional affidavit.

Court's answer

The documents on record, through which the learned Advocate for the Petitioners took the Court, are not sufficient to support the Petitioners' contention that their lands are affected by the proposed road.

Ratio / Principle

The Petitioners are granted an opportunity to show that their lands are being affected, and shall file the supporting documents along with an additional affidavit within four weeks from the date of the order (09.02.2026).

Key takeaways

In the event of failure to produce the said documents along with the affidavit within the stipulated time, the Petitions shall stand dismissed automatically without further reference to the Court.ratio¶¶25
The Court deprecated the practice of drafting a petition before first collecting all documents to support the claim.obiter¶¶23

Detailed headnote1 paragraphs

Bombay High Court (Bench at Aurangabad), 09.02.2026 (Smt. Vibha Kankanwadi and Hiten S. Venegavkar, JJ.) — Interim order in Writ Petition No. 1394 of 2026 (Prakash S/o Maroti Atram & Ors.) and Writ Petition No. 1447 of 2026 (Sudhakar Ramsing Jadhav & Ors.) v. The State of Maharashtra & Ors. The Petitioners contended that their lands are affected by a proposed road. The Court found the documents on record insufficient to support this contention and, while deprecating the practice of filing petitions before collecting supporting documents, adjourned the matters with liberty to file the supporting documents with an additional affidavit within four weeks, listing them for 24.03.2026, with a direction that on failure the Petitions shall stand dismissed automatically without further reference to the Court. No final determination on merits; no statute or precedent cited.

1 27&40WP1394.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

27 WRIT PETITION NO. 1394 OF 2026

Prakash S/o Maroti Atram And Others VERSUS

The State Of Maharashtra And Others

Mr. M. K. Bhosle - Advocate for the Petitioner Mr. S. B. Narwade - AGP for State

AND

40 WRIT PETITION NO. 1447 OF 2026

Sudhakar Ramsing Jadhav And Others VERSUS

The State Of Maharashtra And Others

Mr. M. K. Bhosle h/f Mr. Ganesh R. Jadhav - Advocate for the Petitioner Miss Neha B. Kamble - AGP for State

CORAM : SMT. VIBHA KANKANWADI

AND

HITEN S. VENEGAVKAR, JJ. DATED : 09^TH FEBRUARY, 2026

PER COURT : -

After hearing the learned Advocate for the Petitioner for a

while and the learned AGP, the learned AGP tendered communications

dated 19.03.2025 and 29.11.2024. Those copies of the communications

are taken on record and marked as “Exh. X-1” and “Exh. X-2”, respectively, for the purpose of identification. Copies of the same have been supplied to the learned Advocate for the Petitioners.

It is the contention of the Petitioners that their lands are

being affected by the proposed road. The documents on record, through

2 27&40WP1394.2025.odt

which the learned Advocate for the Petitioners has taken us, are not sufficient to support the contention of the Petitioners. When this fact is pointed out, the learned Advocate for the Petitioners seeks accommodation. In fact, even earlier, we have stated that we deprecate such practice. All documents should first be collected to support the claim of the Petitioners, and only thereafter the Petition be drafted. However, the Petitioners should not suffer and, therefore, we are adjourning the matter. The Petitioners are given an opportunity to show that their lands are being affected. Such documents shall be filed along with an additional affidavit within a period of four (4) weeks from today.

Place the matter for further consideration on 24th March, 2026 .

In the event of failure on the part of the Petitioners to produce the said documents along with the affidavit within the stipulated time, the Petition shall stand dismissed automatically without further reference to the Court.

[HITEN S. VENEGAVKAR] [SMT. VIBHA KANKANWADI] JUDGE JUDGE

SG Punde

Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 11/02/2026 19:59:52