Jagdish Pitambar Pawar v. Pitambar Pundalik Pawar And Others

1022wp36.23

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 1022 WRIT PETITION NO. 36 OF 2023 JAGDISH PITAMBAR PAWAR

VERSUS

PITAMBAR PUNDALIK PAWAR AND OTHERS ...

Advocate for the Petitioner : Mr. Amay Subnis a/w Mr. Pranav Dhakne i/b Mr. Sonar Anudeep D.

Advocate for Respondent No. 1 : Mr.Jadhav Prashant B. ...

CORAM : SIDDHESHWAR S. THOMBRE, J.

DATE : 09.12.2025 PER COURT :

1.

Heard the learned Counsel for the respective parties. 2.

By way of this petition, the petitioner assails the order dated 22.03.2022 passed by the learned District Collector/President, Senior Citizen Appellate Tribunal Dhule in appeal No. 01 of 2022, whereby, the application filed by the petitioner came to be rejected. 3.

The issue that arises in the present petition has already been dealt by this Court in the case of Rajendra Narayan Talore Vs. Narayan Bapuji Telore (deceased) and Others, Writ Petition No. 5106 of 2022 decided on 11.01.2023, wherein, this Court has observed in paragraph No. 2 as under :

"2.

This issue has been dealt with and decided by a Division Bench of Punjab and Harayana High Court in the matter of Paramjit Kumar Saroya Vs. The Union of India and another, reported in AIR 2014 Punjab and Haryana, 121. The Court has held that the appeal under Section 16 is also maintainable at the instance of the

1022wp36.23 aggrieved party."

4.

In view of the above observation, the order passed by the Collector is liable to be quashed and set aside. 5.

In view thereof, the order dated 22.03.2022 passed by the learned District Collector/President, Senior Citizen Appellate Tribunal Dhule in appeal No. 01 of 2022 is quashed and set aside. 6.

The District Collector, Dhule to entertain the appeal filed by the petitioner and decide the same within a period of 3 months from today on its own merits.

(SIDDHESHWAR S. THOMBRE, J.) mahajansb/