Sharadchandra Dagadu Jadhav And Others v. The Sub Div. Officer Revenue And Others
4-WP-8843-25.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO. 8843 OF 2025 SHARADCHANDRA DAGADU JADHAV AND OTHERS
VERSUS
THE SUB DIV. OFFICER REVENUE AND OTHERS ...
Mr. Godamgonkar P. G, Advocate for the Petitioner Mr. K. S. Patil, AGP for Respondents-State ....
CORAM : S. G. CHAPALGAONKAR, J.
DATE : 06.08.2025 PER COURT :- 1.
Leave to correct name of petitioner No.4. Amendment to be carried out forthwith.
2.
Heard Mr. P. G. Godamgaonkar, learned Advocate appearing for petitioners.
3.
The petitioners impugns order dated 20.05.2025 passed by learned Sub-Divisional Officer, Kannad as well as order dated 17.10.2023 passed by learned Tahsildar, Khultabad under the provisions of Mamlatdars' Courts Act.
4.
Mr. Godamgaonkar, learned Advocate appearing for petitioners endeavours to point out various procedural and legal lapses in proceeding that lead to impugned orders.
5.
This Court, in writ petition No.5074 of 2022 with companion matters in case of Vimal W/o Bhausaheb Nabde Vs. The
(( 2 )) 4-WP-8843-25 Sub Divisional Officer & Others, took a view that in case of orders passed by Mamlatdars, remedy to challenge order before Civil Court is more meaningful, whereby entire controversy can be resolved finally. In such case, appropriate protection may be granted until petitioners file a suit. 6.
In light of aforesaid exposition of law, Mr. Godamgaonkar submits that petitioners may avail such remedy by filing civil suit. However, he prays that interim protection be granted until filing of suit. 7.
In view of aforesaid submissions, writ petition is disposed of with liberty in favour of petitioners to approach Civil Court for filing suit seeking declaration against impugned orders. Such suit may be filed within a period of four (04) weeks from today.
8.
The operation and implementation of impugned orders shall be kept in abeyance for four weeks from date of this order. [ S. G. CHAPALGAONKAR, J. ] HRJadhav