Bhanudas Dattu Dhokne And Others v. The State Of Maharashtra Through Collector And Others

2025:BHC-AUG:34027 1 1024 WP 6362-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1024 WRIT PETITION NO. 6362 OF 2022 BHANUDAS DATTU DHOKNE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR AND OTHERS ...

Mr. Adinath B. Jagtap - Advocate for Petitioners Mr. R.B. Dhaware - AGP for Respondent Nos.1 to 5, State Mr. B.B. Shelke and Mr. D.R. Markad - Advocates for Respondent Nos.6 ...

CORAM

: SIDDHESHWAR S. THOMBRE, J.

DATE :

03.12.2025 PER COURT :

1.

Heard learned Counsel for both the parties.

2.

The petitioner challenges the judgment and order dated 04.05.2022 passed in Restoration/Delay Condonation Application bearing No.284 of 2021 by the learned Sub-Divisional Officer, Shrirampur, and the order dated 22.07.2016 passed by respondent No.4, Tahsildar, Rahuri, in Rasta Case No.4 of 2016.

3.

Learned Counsel for the petitioners submits that though notices were received calling upon the petitioners to remain present for the panchanama and further proceedings before the S.D.O., the learned authorities decided the matter only on the basis of panchanama.

2 1024 WP 6362-2022.odt 4.

Considering the overall facts and circumstances, I am inclined to allow the petition by setting aside the orders passed by the learned Tahsildar and the learned S.D.O., on the said ground. 5.

The Tahsildar, Rahuri, is directed to undertake the exercise afresh and complete the same within a period of three (3) months from today. 6.

The learned Tahsildar shall issue notice to all the concerned parties and conduct the panchnama in their presence.

7.

In view thereof, the Writ Petition stands disposed of. 8.

It is made clear that this Court has not gone into the rival contentions of the parties.

9.

All points are kept open.

[ SIDDHESHWAR S. THOMBRE ] JUDGE Pooja Kale/