Kacharu Shripati Kale (Died) Thr Lrs Kesharbai Kachru Kale And Others v. The State Of Maharashtra And Others

2025:BHC-AUG:18696-DB 927-WP-7219-2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 927 WRIT PETITION NO. 7219 OF 2025 KACHARU SHRIPATI KALE (DIED) THR LRS KESHARBAI KACHRU KALE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ....

Mr. V. A. Bagal, Advocate for the Petitioners Mr. S. D. Ghayal, Additional Government Pleader for the Respondents - State ....

CORAM : MANISH PITALE AND Y. G. KHOBRAGADE, JJ.

DATE : 16.07.2025 PER COURT :- 1.

Heard the learned counsel for the Petitioners. 2.

The grievance of the Petitioners in the present Petition is that the Respondent Tahsildar could not have addressed the communication dated 17.04.2025, directing the mutation entry to be taken in the name of the contesting Respondents, for the reason that the Revision Applications filed by both the Petitioners and the contesting private Respondents are pending before the Commissioner. The dispute pending before the Commissioner

(( 2 )) 927-WP-7219-2025 indeed concerns the competing claims made by the rival parties with regard to Mutation Entry No. 893.

3.

The documents placed on record show that in pursuance of the impugned communication dated 17.04.2025, issued by the Respondent Tahsildar, calling for a report, the Talathi by report dated 21.04.2025, has stated that mutation entry cannot be made in favour of the contesting private Respondents in the backdrop of pendency of proceedings before the competent Civil Court. 4.

We are of the opinion that in the light of the aforesaid report dated 21.04.2025, sent by the Talathi to the Respondent Tahsildar, the Petitioners cannot have a cause of action to pursue the present Writ Petition.

5.

In any case, the Petitioners could have placed these documents before the Commissioner to enable expeditious disposal of the pending Revision Applications.

6.

In view of above, the Writ Petition is disposed of by giving liberty to the Petitioners to place on record the aforementioned documents before the Commissioner in the pending Revision Applications.

(( 3 )) 927-WP-7219-2025 7.

Since the rival parties have filed Revision Applications before the Commissioner, which are pending, the Respondent Additional Divisional Commissioner is directed to dispose of the pending Revision Applications as expeditiously as possible and preferably within eight weeks from today.

[ Y. G. KHOBRAGADE, J. ] [ MANISH PITALE, J. ] SMS