Hiralal Dagdusing Dongarjal And Another v. State Of Maharashtra Through Collector And Others

2025:BHC-AUG:22034 913-wp-4161-2025.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4161 OF 2025 Hiralal Dagdusing Dongarjal And Another

VERSUS

State Of Maharashtra Through Collector And Others ...

Advocate for the Petitioners : Mr. Pawar Haribhau Bhikanrao AGP for Respondent/State : Mr. P.D. Patil Advocate for Respondent No.5 : Ms. Aishwarya N. Tanpure h/f Mr. R.V. Gore ...

CORAM : S. G. CHAPALGAONKAR, J.

DATED : AUGUST 13, 2025 PER COURT :- 1.

Present writ petition takes exception to order dated 06.03.2025 passed by respondent no.4/Circle Officer directing petitioners to remain present for clearing way/road as per old map. It is contention of petitioners that order passed by learned Tahsildar under Section 5 of Mamlatdar's Courts Act is subjected to revision before Sub Divisional Officer at Vaijapur. The revision application is pending for hearing on file of Sub Divisional Officer. During pendency of said revision application, learned Sub Divisional Officer granted stay to order of Tahsildar. It was in operation till 24.10.2024. However, later on vide communication dated 11.02.2025, learned Tahsildar directed the Circle Officer to execute the order. In that contingency, present petition is filed.

913-wp-4161-2025.odt (2) 2.

In view of aforesaid factual background, instead of entering into merits of contention of parties, this Court deems it proper to direct Sub Divisional Officer to decide pending Revision Application No. 20 of 2024 within a period of three months from today.

3.

Till then, interim protection granted under order dated 26.09.2024 by Sub Divisional Officer shall continue. 4.

Writ Petition stands disposed of in aforesaid terms. (S.G. CHAPALGAONKAR, J.) Mujaheed//