Bharath Dadarao Yadav And Others v. The Additional Collector Beed And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 948 WRIT PETITION NO.292 OF 2021 MOHAMMAD ABDUL FAHAD KAFIL & OTHERS

VERSUS

THE SUB DIVISIONAL OFFICER AND SUB-DIVISIONAL MAGISTRATE & OTHERS ...

Advocate for the petitioners : Mr.R.D.Khadap AGP for Respondent-State : Mr.K.B.Jadhavar Advocate for Respondent no.3 : Mr.Sayyad Tauseef Yasin ...

WITH WRIT PETITION NO.250 OF 2021 BHARAT DADARAO YADAV & OTHERS

VERSUS

THE ADDITIONAL COLLECTOR, BEED & OTHERS ...

Advocate for the petitioners : Mr.Y.K.Bobade AGP for Respondent-State : Mr.K.B.Jadhavar Advocate for Respondent no.3 : Mr.Sayyad Tauseef Yasin Advocate for the respondent nos.4 to 6 : Mr.C.C.Deshpande ...

CORAM :ARUN R. PEDNEKER, J.

DATE :27.09.2023 P.C. :

1] Heard the learned counsel for the parties.

2] The parties are ad-idem that the matters can be remitted back.

3] The learned counsel for the petitioners submits that the application filed before the Mamlatdar itself is barred by limitation.

4] It appears that the authorities below have not conducted the proceedings as contemplated under the provisions of the Mamlatdars Courts Act. The spot panchayat does not depict ground situation with clarity. 5] In view of the same, the order dated 04.12.2020 passed by the respondent no.1 and the order dated 30.06.2020 passed by the respondent no.2 are quashed and set aside. The matters are remitted back to the Mamlatdar for afresh adjudication and the Mamlatdar is directed to decide the remitted matter within a period of six months from the date of receipt of the order of this Court. 6] Till disposal of the proceedings pending before the Mamlatdar Courts, the interim order passed by this Court dated 11th January, 2021 would continue. 7] Writ Petitions are disposed of accordingly.

[ARUN R. PEDNEKER] JUDGE DDC