Basavraj Umakant Padakar And Others v. The State Of Maharashtra Through Deputy Director Of Land Records And Others

2025:BHC-AUG:36825 1 1011 WP 12827-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1011 WRIT PETITION NO. 12827 OF 2022 BASAVRAJ UMAKANT PADAKAR AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH DEPUTY DIRECTOR OF LAND RECORDS AND OTHERS ...

Mr. Vaibhav B. Dhage - Advocate for Petitioners Mr. D.R. Korde - AGP for Respondent Nos.1 and 2, State Mr. K.S. Warad - Advocate for Respondent No.3 ...

CORAM

: SIDDHESHWAR S. THOMBRE, J.

DATE :

18.12.2025 PER COURT :

1.

Heard learned Counsel for the respective parties. 2.

By way of this petition, the petitioners challenge the order dated 21.11.2022 passed by respondent No.1, Deputy Director of Land Records, Aurangabad Division, Aurangabad in an appeal bearing No. S.R.143/19/2022, whereby the appeal filed by respondent No.3 came to be partly allowed.

3.

The learned Deputy Director of Land Records, while allowing the appeal partly, remanded the matter to the District Superintendent of Land Records, Nanded, with a direction to measure, verify the old record and after such verification to submit an amendment proposal under Section 32(1) of the Maharashtra Prevention of Fragmentation and

2 1011 WP 12827-2022.odt Consolidations of Holdings Act, 1947.

4.

Considering the fact that, the matter has been remanded only for measurement and verification of the old record and submission of an amendment proposal, I am not inclined to entertain the present petition, however, it is clarified that the District Superintendent of Land Records shall not pass any independent or final order nor prepare any amendment proposal adverse to the petitioners. The Superintendent shall only verify the relevant record and submit the factual report or the amendment proposal to the Deputy Director of Land Records. 5.

After receipt of the amendment proposal, the Deputy Director of Land Records shall issue notice to all concerned parties and after granting them an opportunity of hearing pass an appropriate order in accordance with law.

6.

All contentions of the parties are kept open. 7.

In view thereof, the Writ Petition stands disposed of. [ SIDDHESHWAR S. THOMBRE ] JUDGE Pooja Kale/