Tukaram Kisan Warpe vs State Of Maharashtra Through Principal ...
2026 Latest Caselaw 174 Bom

Bombay High Court

Tukaram Kisan Warpe vs State Of Maharashtra Through Principal ... on 8 January, 2026

Author: Manish Pitale

Bench: Manish Pitale

                                                                                                  25-WP-12393-2016.DOC



                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIVIL APPELLATE JURISDICTION

                                                WRIT PETITION NO. 12393 OF 2016

                    Tukaram Kisan Warpe                                                     ...Petitioner
                         Versus
                    The State of Maharashtra and Ors.                                       ...Respondents

                                                    _______
                    Mr. Sachin B. Thorat with Mohan Gawade and Ashok Janrao, for
                    Petitioner.
                    Dr. Dhruti Kapadia, AGP, for the Respondent Nos. 1 to 5.
                                                    _______

       Digitally
       signed by
       VARSHA
                                                            CORAM:       MANISH PITALE &
VARSHA DEEPAK
DEEPAK GAIKWAD
GAIKWAD Date:
       2026.01.09
                                                                         SHREERAM V. SHIRSAT, JJ.

11:12:04 +0530

DATE: 8th JANUARY 2026.

P.C.

1. Having heard the learned counsel for the parties for some

time, we are of the opinion that the Respondent No. 3-District

Collector should file an additional affidavit to place on record a copy

of the Land Acquisition Award dated 25th March 1988. The said

Respondent shall also place on record a copy of the possession receipt

showing possession of the subject land having been taken from Kisan

Rambhau Warpe.

2. The additional affidavit is necessitated also because during

the pendency of the present Petition, the Court of 2 nd Joint Civil Judge

Senior Division, Khed-Rajgurunagar, District-Pune, partly decreed

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25-WP-12393-2016.DOC

Regular Civil Suit No. 101 of 2017 filed by the Petitioners,

categorically holding that the Petitioners continued to be in

possession of the subject property. The said judgment and decree was

passed on 30th August 2022, whereby the Defendant Nos. 2 to 10

therein i.e. the Project Affected Persons purportedly put in possession

of the subject land, were perpetually restrained from disturbing

possession of the Petitioners.

3. We are of the opinion that since the Petitioners had joined

the Project Affected Persons as parties in the aforesaid suit as

Defendant Nos. 2 to 10, in the fitness of things, the said persons

should be joined as Respondents in this Petition also.

4. It is necessary to join them as parties for the reason that any

findings rendered by this Court or any effective order passed on the

prayers made in the present Petition may affect the said Project

Affected Persons.

5. Hence, leave is granted to the Petitioner to join the Project

Affected Persons as Respondents in this Petition. The amendment be

carried out within three weeks from today.

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25-WP-12393-2016.DOC

6. Respondent No. 3-District Collector shall also file an

additional affidavit as indicated hereinabove within the aforesaid

period of six weeks.

7. List the Petition for further consideration on 4th March 2026,

'High on Board'.

8. Upon amendment being carried out within the stipulated

period of time, issue notice to the newly added respondents,

returnable on 4th March 2026. (High on Board).

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

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