Gajanan Haribhau Chavan And Another v. The State Of Maharashtra And Others

2025:BHC-AUG:15147 908-wp-7212-2025.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7212 OF 2025 Gajanan Haribhau Chavan And Another

VERSUS

The State Of Maharashtra And Others ...

Advocate for the Petitioners : Mr. Kazi S.S.

Advocate for Respondent Nos.4 & 5 : Mr. Y.L. Bidve h/f Mr. Dinesh Manatkar ...

CORAM : S. G. CHAPALGAONKAR, J.

DATED : JUNE 17, 2025 PER COURT :- 1.

Heard Mr. Kazi, learned advocate appearing for petitioners.

2.

The order passed by the learned Tahsildar under Section 5 of Mamlatdar's Courts Act is impugned in this petition. 3.

Learned advocate appearing for respondent/caveator points out that apart from fact, there is alternate remedy of filing revision. The order impugned is passed on 26.12.2024. As such, present writ petition suffers from delay and laches. Faced with the aforesaid objection, Mr. Kazi seeks permission to withdraw writ petition with liberty to avail alternate remedy of filing revision. 4.

Mr. Kazi request this Court to stay the execution of impugned order till the petitioners approaches the Sub-Divisional Officer by filing revision, as the petitioners are served with notice and it is proposed that on 17.06.2025, the order of Tahsildar is to be

908-wp-7212-2025.odt (2) executed. In this background, the execution of order passed by the Tahsildar be kept in abeyance for a period of one week from today. Meanwhile, if petitioners file revision application, the learned SubDivisional Officer to consider it on its own merit. 5.

Writ Petition stands disposed of.

6.

Learned AGP to communicate this order to the concerned authorities.

(S.G. CHAPALGAONKAR, J.) Mujaheed//