Jahur Najirsaab Shaikh And Another v. Saberabee Najirsaab Shaikh And Others

2025:BHC-AUG:34307 952-wp-920-2023.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 920 OF 2023 Jahur Najirsaab Shaikh And Another

VERSUS

Saberabee Najirsaab Shaikh And Others ...

Advocate for the Petitioners : Mr. Sabnis Ameya N. a/w Mr. Pranav Dhakne AGP for Respondent/State : Mr. P.P. Dhavalakar Advocate for Respondent No.1 : Mr. G.L. Kedar ...

CORAM : SIDDHESHWAR S. THOMBRE, J.

DATED : DECEMBER 09, 2025 PER COURT :

1.

Heard Mr. Sabnis, learned counsel for the petitioners, learned AGP for respondent nos.3 and 4 and Mr. Kedar, learned counsel for respondent no.1.

2.

Respondent no.2 though served, nobody appeared for him.

3.

Present petitioners are challenging the order dated 16.06.2022 passed by the Sub Divisional Officer, Ausa-Renapur, whereby the application filed by respondent no.1 came to be allowed. The said order was confirmed in appeal filed before District Collector, Latur.

4.

Mr. Sabnis invited my attention to the order passed by the Appellate Authority and more particularly the reasoning. 5.

I have gone through the order passed by the learned Appellate Authority. The Appellate Authority has not recorded any

952-wp-920-2023.odt (2) reasons for dismissal of appeal. Therefore, on this ground, I am inclined to allow the present petition partly by setting aside the order and remanding the matter to the District Collector, Latur to decide it afresh.

6.

In view thereof, writ petition is allowed. The order dated 08.11.2022 passed by respondent no.4/District Collector, Latur is hereby quashed and set aside. The matter is remanded to the District Collector, Latur to decide it afresh and pass a reasoned order thereon. 7.

Parties to appear before the District Collector on 22.12.2025.

8.

After appearance of the parties, the District Collector to decide the appeal within a period of three months thereafter. 9.

Interim order granted by this Court to continue till the District Collector, Latur decides the matter on its own merits. (SIDDHESHWAR S. THOMBRE, J.) Mujaheed//