Bombay High Court
Jagdish Pradhanmal Galani vs The Union Of India Through The Deputy ... on 25 July, 2025
Author: Manish Pitale
Bench: Manish Pitale
2025:BHC-AUG:19579-DB
1 WP / 8648 / 2025+Group
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
910 WRIT PETITION NO. 8648 OF 2025
MAHENDRAKUMAR JAMNADAS MEHTA
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS
911 WRIT PETITION NO. 8649 OF 2025
PANDHARINATH MAHARU MALI
VE910RSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
912 WRIT PETITION NO. 8650 OF 2025
ANIL JAVARILAL BAFANA
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
913 WRIT PETITION NO. 8651 OF 2025
LAJWANTIBAI DARSHANLAL KODWANI
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
914 WRIT PETITION NO. 8660 OF 2025
ANIL JAVARILAL BAFANA
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
915 WRIT PETITION NO. 8661 OF 2025
MADHUKAR SITARAM MALI
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
916 WRIT PETITION NO. 8664 OF 2025
ANIL JAVARILAL BAFANA
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
917 WRIT PETITION NO. 8665 OF 2025
ASHOK MANIK KHOPADE
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
918 WRIT PETITION NO. 8667 OF 2025
KAMALBAI MOTILAL MALI
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS
2 WP / 8648 / 2025+Group
919 WRIT PETITION NO. 8673 OF 2025
UMAKANT DATTATRAYA JOSHI DEAD THR LRS ANIL UMAKANT JOSHI ON BEHALF
SATISH DATTATRAYA JOSHI AND OTHERS
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
920 WRIT PETITION NO. 8675 OF 2025
RAMESH ARJUN SONAWANE
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
921 WRIT PETITION NO. 8676 OF 2025
SHALIGRAM KAUTIK PATIL DIED THR LRS VIJAY SHALIGRAM PATIL AND OTHERS
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
922 WRIT PETITION NO. 8677 OF 2025
KAMALABAI SHIVAJI PATIL
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
923 WRIT PETITION NO. 8678 OF 2025
PANDIT VEDU MALI
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
924 WRIT PETITION NO. 8682 OF 2025
ANIL TOLARAM MALI
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
925 WRIT PETITION NO. 8683 OF 2025
DEVIDAS GYANIRAM MALI
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
926 WRIT PETITION NO. 8684 OF 2025
YUVRAJ AVACHIT MALI DIED THROUGH LRS BHARAT YUVRAJ MALI AND OTHERS
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS
927 WRIT PETITION NO. 8687 OF 2025
SANDIP ASHOKLAL JAIN
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
3 WP / 8648 / 2025+Group
928 WRIT PETITION NO. 8688 OF 2025
VIPIN RAJKUMAR BHASIN AND ANOTHER
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
929 WRIT PETITION NO. 8689 OF 2025
JAGDISH PRADHANMAL GALANI
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
930 WRIT PETITION NO. 8690 OF 2025
MANOHARLAL MULCHAND CHETIYA AND ANOTHER
910VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
931 WRIT PETITION NO. 8691 OF 2025
DINESH BHASKAR SURYAWANSHI AND ANOTHER
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
932 WRIT PETITION NO. 8692 OF 2025
SUDAM SITARAM MALI
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
933 WRIT PETITION NO. 8693 OF 2025
VIJAY SAHEBRAO PATIL
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
934 WRIT PETITION NO. 8694 OF 2025
UMAKANT DATTATRAYA JOSHI DEAD THROUGH
LRS ANIL UMAKANT JOSHI AND OTHERS
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
...
938 WRIT PETITION NO. 6686 OF 2025
BUDHA GANGAJI BHOI DECEASED THROUGH LRS
DEVIDAS BUDHA DHOLE AND OTHERS
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
953 WRIT PETITION NO. 9114 OF 2025
SHANTARAM OMKAR PATKAR
VERSUS
THE UNION OF INDIA THROUHG THE DEPUTY SECRETARY AND OTHERS;
4 WP / 8648 / 2025+Group
954 WRIT PETITION NO. 9115 OF 2025
PRAKASH BHAVARLAL SONI AND ANOTHER
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
955 WRIT PETITION NO. 9116 OF 2025
RAMA KASHIRAM DIED THR LRS INDUBAI RAMA BHIL AND OTHERS
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
956 WRIT PETITION NO. 9117 OF 2025
RAMDAS KESHAV MALI AND OTHERS
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
963 WRIT PETITION NO. 9125 OF 2025
ATUL LAXMAN VASAVE
VERSUS
THE GOVT. OF INDIA THR THE DEPUTY SECRETARY AND OTHERS;
969 WRIT PETITION NO. 9132 OF 2025
RAGHUNATH BHAGWAN CHAUDHARI AND ANR
VERSUS
THE UNION OF INDIA AND OTHERS;
971 WRIT PETITION NO. 9135 OF 2025
GORAJI MOGYA VASAVE DIED THR LRS KAMALBAI AND ANOTHER
VERSUS
THE GOVT. OF INDIA THR THE DEPUTY SECRETARY AND OTHERS;
980 WRIT PETITION NO. 9148 OF 2025
TUKARAM SIDHAJI GAVALI
VERSUS
THE UNION OF INDIA AND OTHERS;
981 WRIT PETITION NO. 9149 OF 2025
VISHRAM SHIVRAM CHALE
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
982 WRIT PETITION NO. 9150 OF 2025
DILIP MADHAV PANDAV
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
983 WRIT PETITION NO. 9151 OF 2025
SUBHASH DAYARAM PATIL
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
989 WRIT PETITION NO. 9158 OF 2025
ISMAL JALMA PAWARA
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
5 WP / 8648 / 2025+Group
992 WRIT PETITION NO. 9161 OF 2025
GAMA DINA PAWARA DIED THROUGH LRS DUNYA GALA PAWARA AND OTHERS
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
993 WRIT PETITION NO. 9162 OF 2025
TIKA DINA PAWARA DIED THROUGH LRS
BHAVLAL BHAVSAING KASHIRAO PAWARA
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
1011 WRIT PETITION NO. 9194 OF 2025
RATILAL BHILJI PAWARA
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
1016 WRIT PETITION NO. 9199 OF 2025
RAGHUNATH BHAGWAN CHAUDHARI
VERSUS
THE UNION OF INDIA AND OTHERS;
1019 WRIT PETITION NO. 9204 OF 2025
NIRMALABAI KANJI VASAVE
VERSUS
THE GOV. OF INDIA THR THE DEPUTY SECRETARY AND OTHERS;
1022 WRIT PETITION NO. 9207 OF 2025
BHAYA BHIMSING PAWARA AND ANOTHER
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
1036 WRIT PETITION NO. 9221 OF 2025
MAGAN SHAMRAO MAHALE DIED THROUGH
LRS SITABAI MAGAN MAHALE AND OTHERS
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
1037 WRIT PETITION NO. 9222 OF 2025
YATISH SUNIL CHAUDHARI AND ANOTHER
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
1038 WRIT PETITION NO. 9223 OF 2025
GULABRAO SHAMRAO MAHALE DIED THROUGH
LRS PARVATABAI GULABRAO MAHALE AND OTHERS
VERSUS
THE UION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
1041 WRIT PETITION NO. 3429 OF 2023
RAJU MANIK GAVALI
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
6 WP / 8648 / 2025+Group
1042 WRIT PETITION NO. 5105 OF 2023
MANIK KUSAJI GAVALI
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
AND
WRIT PETITION NO.5152 OF 2023
HARDAPSING CHANRANSING KHAIRA
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
1074 WRIT PETITION NO. 761 OF 2023
DURYYABAI KHUJEMA SAIFEE AND ANOTHER
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
1076 WRIT PETITION NO. 5954 OF 2023
SAKHARAM SIDDHAJI GAVALI
VERSUS
THE UNION OF INDIA AND OTHERS;
...
945 WRIT PETITION NO. 9106 OF 2025
RAMRAO BALIRAM PATIL DIED THROUGH LRS
PRAKASH RAMRAO BORSE AND OTHERS
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
946 WRIT PETITION NO. 9107 OF 2025
PRASHANT DATTATRAY AHIRRAO
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS
947 WRIT PETITION NO. 9108 OF 2025
KALPANA DILIP BHAMRE
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
948 WRIT PETITION NO. 9109 OF 2025
RAJENDRA YASHWANT PATIL
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS
950 WRIT PETITION NO. 9111 OF 2025
KARBHARI DAGA PATIL
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
951 WRIT PETITION NO. 9112 OF 2025
NIMBA NATHU PATIL
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
7 WP / 8648 / 2025+Group
952 WRIT PETITION NO. 9113 OF 2025
USHABAI BHARAT PATIL
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
957 WRIT PETITION NO. 9118 OF 2025
BHATU HIMMAT PATIL
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
960 WRIT PETITION NO. 9121 OF 2025;
NIMBA NATHU PATIL
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
964 WRIT PETITION NO. 9126 OF 2025
BAPU YASHWANT PATIL
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
965 WRIT PETITION NO. 9127 OF 2025
SURESH TRIYAMBAK PATIL
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
966 WRIT PETITION NO. 9128 OF 2025
KARBHARI DAGA PATIL
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
967 WRIT PETITION NO. 9129 OF 2025
PUSHPALATA ASHOK PATIL
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
968 WRIT PETITION NO. 9130 OF 2025
YASHWANT TRYAMBAK PATIL
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
970 WRIT PETITION NO. 9133 OF 2025
PRADIP MADHAVRAO VISPUTE
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
972 WRIT PETITION NO. 9140 OF 2025
SHINDHUBAI SHIVAJI PATIL
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
973 WRIT PETITION NO. 9141 OF 2025
ASHOK ZIPARU PATIL
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
8 WP / 8648 / 2025+Group
975 WRIT PETITION NO. 9143 OF 2025
LAXMIBAI YASHWANT VISPUTE
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS
976 WRIT PETITION NO. 9144 OF 2025
YASHWANT RAJARAM PATIL
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
977 WRIT PETITION NO. 9145 OF 2025
PRADIP SHIVSING PATIL
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
985 WRIT PETITION NO. 9153 OF 2025
DINESH VASANTRAO PATIL
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
997 WRIT PETITION NO. 9180 OF 2025
ASHOK ZIPARU PATIL
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
1008 WRIT PETITION NO. 9191 OF 2025
DILIP MADHAVRAO SONAR
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
1010 WRIT PETITION NO. 9193 OF 2025
CHARUDATTA POPATRAO PATIL
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
1018 WRIT PETITION NO. 9203 OF 2025
ESAK SHEKH RASHID TAMBOLI
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
1029 WRIT PETITION NO. 9214 OF 2025
LAXMIBAI SHANKARRAO PATIL
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
1031 WRIT PETITION NO. 9216 OF 2025
JOYTIKA PRADIP KAPADNIS
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
...
936 WRIT PETITION NO. 5989 OF 2021
LAXMAN BHADU CHUDHARI
VERSUS
THE UNION OF INDIA AND OTHERS
9 WP / 8648 / 2025+Group
990 WRIT PETITION NO. 9159 OF 2025
VAKIL TRYAMBAK PATIL
VERSUS
THE GOVT OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
991 WRIT PETITION NO. 9160 OF 2025
SWAPNIL PITAMBAR MAHALE AND ANOTHER
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
994 WRIT PETITION NO. 9176 OF 2025
DILIP BHAGWAN MISTERY DIED THROUGH
LRS RANJANA BHAGWAN MISTERY AND OTHERS
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
996 WRIT PETITION NO. 9179 OF 2025
SHANTARAM RAMCHADNRA DHANGAR DIED
SUSHILA SHANTARAM DHANGAR DIED AND ORS
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
1009 WRIT PETITION NO. 9192 OF 2025
DILIP BHAGWAN MISTERY DIED THROUGH LRS
RANJANA BHAGWAN MISTERY AND OTHERS
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
1012 WRIT PETITION NO. 9195 OF 2025
SHANKAR DALAJI DEORE
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
1013 WRIT PETITION NO. 9196 OF 2025
VATSALABAI BHIKAN CHAUDHARI
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
1017 WRIT PETITION NO. 9202 OF 2025
SHRI SHEKH IQBAL SHEKH USMAN
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
1020 WRIT PETITION NO. 9205 OF 2025
SURESH NIMBA CHAUDHARI
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
1023 WRIT PETITION NO. 9208 OF 2025
PRAKASH SATYANARAYAN WAGH AND OTHERS
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
10 WP / 8648 / 2025+Group
1024 WRIT PETITION NO. 9209 OF 2025
VINOD RAMESH THORAT THROUGH POA SARDAR JAGMOHANSING
SARDARSING JAGJITSING AND ANOTHER
VERSUS
THE UION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
1025 WRIT PETITION NO. 9210 OF 2025
RAJARAM MAHADU PARDESHI DIED THROUGH LRS MOHAN RAJARAM
PARDESHI AND OTHERS
VERSUS
THE GOVT OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
1026 WRIT PETITION NO. 9211 OF 2025
GOOPAL JAYWANT MANE
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
1027 WRIT PETITION NO. 9212 OF 2025
PRABHAVATI BHAGWAN CHAUDHARI
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
1028 WRIT PETITION NO. 9213 OF 2025
POPAT SHELYA BHIL
VERSUS
THE GOVT OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
1030 WRIT PETITION NO. 9215 OF 2025
KISHOR NARAYAN PATIL
VERSUS
THE UNION OF INDIA THROUGH THE DEPUTY SECRETARY AND OTHERS;
...
WRIT PETITION NO. 9249 OF 2025
GANESH RAMBHAU MORE
VERSUS
THE UNION OF INDIA THROUGH DEPUTY SECRETARY AND OTHERS1038
WRIT PETITION NO. 9250 OF 2025
BABURAO AVDHUT BADGUJAR AND OTHERS
VERSUS
THE UNION OF INDIA THROUGH DEPUTY SECRETARY AND OTHERS1038
...
CORAM : MANISH PITALE &
Y.G. KHOBRAGADE, JJ.
DATE : 25 JULY 2025
...
Advocate for the petitioners : Mr. Dipesh D. Pande (WP Nos.8648, 8469, 8650, 8651,
8660,8661,8664,8665,8667,8673,8675,8676,8677,8678,8682,8683,8684,8687,8688,8689,
8690,8691,8691,8693,8694 all of 2025)
11 WP / 8648 / 2025+Group
Advocate for petitioners : Mr. V.P. Raje (WP nos. 6686, 9114, 9115, 9116, 9117,
9125,9132,9135,9148,9149,9150,9151,9158,9160,9162,9194,9199,9204, 9207,9221,9222,9223 all of
2025 and 3429,5105,5152,761,5954 all of 2023)
Advocate for petitioners : Mr. A.D. Sonar (WP Nos. 9106, 9107, 9108, 9109, 9111, 9112, 9113,
9118, 9121, 9126, 9127, 9128, 9129, 9130, 9133, 9140, 9141, 9143, 9144, 9145, 9153, 9180, 9191,
9193, 9203, 9214, 9216 all of 2025)
Advocate for petitioners : Mr. Suniket Kulkarni (WP Nos. 5989/2021, 9159, 9160, 9176, 9179,
9192, 9195, 9196, 9202, 9205, 9208, 9209, 9210, 9211, 9212, 9213, 9215 all of 2025)
Advocate for petitioners : Mr. D.R. Kale (WP/9249/2025 and WP/9250/2025)
GP for the respondent - State : Mr. A.B. Girase,
AGPs for the respondent - State : Mr. S.V. Hange, Mr. S.K. Tambe,
Mr. S. D. Ghayal, Mr. S. P. Sonpawale, Mr. V. M. Kagne, Mr. R. K. Ingole,
Ms. Saie S. Joshi, Ms. Neha B. Kamble
DSGI for UOI : Mr. A.G. Talhar
Standing Counsel for UOI : Mr. Ravi Bangar, Mr. Amol N. Patale, Mr. M.A.
Golegaonkar, Mr. R.B. Bhosale, Mr. S.W. Munde, Mrs. S.S. Kulthe, Mr. R.B. Bagul,
Mr. S.S. Deve, Ms. Nikita Gore, Mr. B.B. Kulkarni, Mr. D.B. Gaikwad
Advocate for National Highway Authority of India : Mr. Sagar Varma a/w Mr. Sagar
Ladda, Mr. D.S. Manorkar a/w Mr. D.P. Madkar
...
ORAL ORDER (PER - MANISH PITALE, J.) :
In these petitions, similar issues are raised by the
petitioners and we find that on earlier occasion, this Court has
disposed of the petitions, issuing specific directions that have partly
addressed the concerns raised by the petitioners herein.
2. At the outset, learned counsel appearing for the petitioner
in writ petition no. 8648 of 2025, submits that due to inadvertence, the
representation of respondent no. 4 has been erroneously shown. For
the reason that the case pertains to the Project Director, National
Highway Authority of India at Nasik and not Dhule, he seeks leave to
amend the same.
12 WP / 8648 / 2025+Group
3. In that light, leave is granted. Petitioner to forthwith correct
the representation of respondent no. 4.
4. Similarly, learned counsel appearing for the petitioners in
writ petition nos. 9249 of 2025 and 9250 of 2025, points out that
identical issues arise in these petitions. Although, the said writ
petitions are not on board, papers were called for and upon perusal of
the papers, we are inclined to take up writ petition nos. 9249 of 2025
and 9250 of 2025 on board along with the other writ petitions listed
today. Accordingly, the said petitions are taken on Board.
5. On 17.07.2025, this Court passed a common order in writ
petition no. 240 of 2023 (Rajendra Namdev Patil and others Vs. The
Competent Authority, Land Acquisition and another) with connected writ
petitions, as under :-
1. When these petitions are called out for consideration,
there is no serious dispute about the fact that the issues raised
in these petitions are covered by earlier order passed by this
Court in similar matters. On 26.06.2025, this Court passed a
common order in Writ Petition No.12512/2019 (Trimbak
Aadhar Bhamre and Anr. Vs. The Union of India and others
with connected writ petitions) granting relief similar to the
relief claimed in this petition.
2. It is the case of the petitioners that, they are entitled to
solatium and interest on the compensation amount in
accordance with principles laid down by the Supreme Court in
the case of Union of India and Anr. Vs. Tarsem Singh and
Ors.; (2019) 9 SCC 304.
3. In the said order passed in Trimbak Aadhar Bhamre Vs.
the Union of India (supra), while considering identical
contention, this Court held as follows :
13 WP / 8648 / 2025+Group
"5. This Court, at the Principal Seat, in Writ Petition
No.11932 of 2019 (Hiraman Namdeo Lonare and others
Vs. The Union of India and Others) and a group of cases,
vide judgment dated 08.04.2025, recorded that the parties
agree that the main issue involved in the Petitions was
covered by the decision in Tarsem Singh (supra).
6. In view of the application made by the NHAI in
Miscellaneous Application Diary No.2572 of 2020 in Civil
Appeal No.7086 of 2019, the Hon'ble Supreme Court had
passed an order on 30.07.2021, clarifying that the words
"(1A) and" appearing in paragraph 41 of the judgment dated
19.09.2019, be deleted. Accordingly, the relief that was
granted, was in terms of Section 23 and 28 of the Land
Acquisition Act, 1894 and not under Section 23(1A).
7. In Hiraman Namdeo Lonare (supra), the judgment
of the Hon'ble Supreme Court dated 04.02.2025 (supra), was
also cited. It was observed by this Court that the NHAI would
compute and pay the Petitioners, solatium and interest in
accordance with the principles laid down in the said matters,
within three months of the uploading of the order dated
08.04.2025.
8. Thereafter, the judgment was delivered by the Hon'ble
Supreme Court on 04.02.2025, rejecting all the Review
Petitions. Neither the Petitioners, nor the NHAI, have ever
challenged the Arbitral Awards before any Court.
9. With regard to the objection on the maintainability of
these Petitions, an identical issue was raised before this
Court at the Principal Seat in Writ Petition No.9608 of 2023
(Kisanlal Bairudas Jain Vs. Union of India and others)
and group of cases. By judgment dated 09.05.2025, this
Court referred to the law laid down by the Hon'ble Supreme
Court in M/s Godrej Sara Lee Ltd Vs. The Excise and
Taxation Officer-cum-Assessing Authority and Ors, 2023
(384) ELT 8 (SC) and delivered a verdict concluding that the
objection to the maintainability of the Petitions on the ground
of an alternate remedy, is overruled.
10. We direct the Competent Authority to compute and
pay all these Petitioners, solatium and interest in accordance
with the principles enunciated in Tarsem Singh (supra),
within three months from today.
11. As like the directions set out in Hiraman (supra), we
record that if the payment of such compensation is delayed
or is wrongly concluded on assumptions and presumptions,
we would hold the Officers of the Competent Authority,
responsible for the delayed payment or insufficient payment
and in which case, if the interest for delayed payment or
insufficient payment is computed, in any proceeding brought
to this Court or before whichever authority, such interest
component or insufficient payment, will be recovered from
14 WP / 8648 / 2025+Group
the salaries of the Officers who are responsible for such
erroneous calculations.
12. Insofar as the contention of the learned Advocate for
the NHAI, that there ought not to be a double payment with
reference to the loss of easementary rights at the rate of
10%, since that issue is not addressed to the Court in these
Petitions by the Petitioners and since the Arbitral Award has
not been challenged by the NHAI, we do not have to express
any view on this aspect.
13. In view of the above, all these Writ Petitions before us
are disposed off in the light of Tarsem Singh (supra) and the
above referred orders."
6. We are of the opinion that these petitions can also be
allowed and disposed of in view of the above quoted order passed in
petition No.12512/2019 (Trimbak Aadhar Bhamre and Anr. Vs. The
Union of India and others with connected writ petitions) granting relief
similar to the relief claimed in this petition.
7. At this stage, learned counsel appearing for the contesting
respondents submit that reply affidavits can be filed within one week
from today, emphasizing that in some of the petitions, reply affidavits
are ready even today. Contesting respondents are granted time of one
week to file reply affidavits.
8. It is further pointed out by the contesting respondents that
this Court may consider directing the petitioners to produce all relevant
documents before the competent authorities for verification when the
competent authorities undertake any exercise of computation of
amounts payable to the petitioners towards solatium and interest in
accordance with the principles noted in the above quoted order of this
15 WP / 8648 / 2025+Group
Court. It is further submitted that even if this Court were to pass an
order in favour of the petitioners in the same manner as earlier orders
have been passed in the case of similarly situated petitioners, it may be
observed that such payments shall be subject to challenges raised, if
any, under sections 34 and 37 of the Arbitration and Conciliation Act,
1996.
9. Considering the aforesaid submissions made on behalf of
the contesting respondents, we are inclined to allow these petitions in
the following manner :-
(a) In the light of above, these petitions are allowed by
directing the competent authorities to compute and pay to the
petitioners solatium and interest in accordance with the principles
enunciated in the case of Union of India and another Vs. Tarsem
Singh and others (supra) within a period of six (6) months from today.
(b) It is made clear that the petitioners shall assist the
competent authorities by producing all relevant documents and upon
verification of the same, the competent authorities shall proceed
further. It is also clarified that payments made pursuant to the
directions given herein-above, shall be subject to the challenges, if any,
raised under sections 34 and 37 of the Arbitration and Conciliation Act,
1996.
16 WP / 8648 / 2025+Group
10. Writ petitions are disposed of in the above terms.
11. Pending applications, if any, also stand disposed of.
[ Y.G. KHOBRAGADE ] [ MANISH PITALE ]
JUDGE JUDGE
arp/
