Gangadhar Shivraj Chandapure v. The State Of Maharashtra And Others

2025:BHC-AUG:21803

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 906 WRIT PETITION NO. 9905 OF 2025 Gangadhar Shivraj Chandapure

VERSUS

The State Of Maharashtra And Others ...

Advocate for Petitioner : Mr. Y. P. Deshmukh Advocate for Respondents : Mr. K S Patil ...

CORAM : S. G. CHAPALGAONKAR, J.

Dated : August 08, 2025 ORDER :- 1.

Heard Mr. Deshmukh, learned advocate appearing for the petitioner.

2.

An order dated 17.2.2018 is passed by the Tahsildar, Hadgaon under section 143 of the Maharashtra Land Revenue Code, 1966, thereby granting pathway in favour of respondent no.3 from gat no.209. Said order is confirmed by the S.D.O./Collector and Additional Commissioner, Aurangabad. The petitioner has filed ROR Revision Petition no.461 of 2022, before the Honourable Minister and the same is still pending. According to petitioner, in execution of the aforesaid order, learned Tahsildar has drawn a panchnama dated 15.7.2025 and trying to cut down the old trees on bandh, which is the act

beyond original order. Under these circumstances, learned advocate appearing for petitioner seeks directions against respondent no.1 to decide pending revision application expeditiously and within a period of one month and also seeks directions that respondent no.2 Tahsildar shall not proceeded further in pursuance to the panchnama dated 15.7.2025. 3.

When the petitioner has already availed remedy of filing the revision petition before respondent no.1 and same is pending, petitioner can file an application seeking stay of the order impugned in revision or seek directions to prevent execution of impugned order. Learned advocate for petitioner informs that application of the petitioner seeking stay to the execution is pending before the respondent no.1. 4.

In that view of the matter writ petition can be disposed of with directions. Hence, following order.

O R D E R

1.

The respondent no.1 is directed to expeditiously decide the revision petition no.461 of 2022 and, in any case, within a period of six months from today.

2.

Meanwhile, stay petition filed by the petitioner be considered on merit and appropriate order be passed on such application within a period of one month.

3.

Till the decision on stay application, respondent no.2 shall maintain statusquo, as on today, in respect of the suit way.

4.

Writ petition stands disposed of.

( S. G. CHAPALGAONKAR ) Judge ...

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