Gayabai Girdar Bhil Since Deceased Through Her Lrs Yuvraj Girdhar Bhil And Others v. The State Of Maharashtra And Others

2025:BHC-AUG:34156 1 39 WP 732-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 39 WRIT PETITION NO. 732 OF 2022 WITH CIVIL APPLICATION NO. 3143 OF 2025 IN WP/732/2022 WITH CIVIL APPLICATION NO. 3144 OF 2025 IN WP/732/2022 GAYABAI GIRDAR BHIL SINCE DECEASED THROUGH HER LRS YUVRAJ GIRDHAR BHIL AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. S.V. Dixit - Advocate for Petitioners Mr. V.S. Badakh - AGP for Respondent Nos.1 to 4, State Mr. P.F. Patni - Advocate for Respondent Nos.5 to 8 ...

CORAM

: SIDDHESHWAR S. THOMBRE, J.

DATE :

08.12.2025 PER COURT :

1.

Heard learned Counsel for the respective parties. 2.

Pursuant to the order dated 19.08.2019 passed by this Court in Writ Petition No. 157 of 2016, the order passed by the Collector, Jalgaon was restored.

3.

I have gone through the order dated 22.10.2022 passed by the learned Tahsildar. On perusal of the said order, it reveals that in the operative part of the order, the learned Tahsildar has merely recoded the prayers made in the writ petition. It appears that the learned Tahsildar

2 39 WP 732-2022.odt has not applied his mind and has passed a mechanical order without considering the merits of the matter. Therefore, I am of the opinion that the order passed by the learned Tahsildar deserves to be quashed and set aside.

4.

In view thereof, the Writ Petition is partly allowed. The order dated 22.10.2022 passed by the learned Tahsildar, Bhadgaon is quashed and set aside.

5.

The learned Tahsildar, Bhadgaon is directed to pass a fresh order, in accordance with law, within a period of three (3) months from today. 6.

In view of the disposal of the writ petition, the pending civil applications also stand disposed of.

[ SIDDHESHWAR S. THOMBRE ] JUDGE Pooja Kale/