Narayan Anna Walunjkar Died Thr Lrs Dadasaheb Narayan Walunjkar And Another v. The Additional Collector Ahilyanagar And Others

2025:BHC-AUG:31356

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 921 WRIT PETITION NO. 13510 OF 2025 NARAYAN ANNA WALUNJKAR DIED THR LRS DADASAHEB NARAYAN WALUNJKAR AND ANOTHER ....Petitioner

VERSUS

THE ADDITIONAL COLLECTOR AHILYANAGAR AND OTHERS .....Respondent .....

Mr. A. S. More, Advocate for the Petitioners Mr. D. R. Korade, AGP for the Respondent/State.

CORAM

: ARUN R. PEDNEKER, J.

DATE : 13/11/2025 PER COURT :- 1.

Learned Counsel for the Petitioners submits that an exparte ad-interim stay order granted by an order dated 21/07/2025 in R.T.S. Appeal No. 261/2025 has been subsequently vacated by the Addl. Collector as the Petitioner was unable to serve the Respondent Nos.11 and 12 by the returnable date. He submits that while the stay was granted, some of the Respondents were also heard in the matter and that ad-interim stay was granted on merits. The same ought not to have been vacated by an order dated 09/10/2025 on account of failure to serve the remaining 921 WP 13510.2025.odt

Respondent Nos.11 and 12. Since the order is vacated on account of failure of service of Respondent Nos.11 and 12, the Petitioner is granted liberty to apply for interim relief after service upon the Respondents.

2.

If such an application is filed, the concerned Collector would decide the same in accordance with law. 3.

In view of the above, Writ Petition is disposed of. (ARUN R. PEDNEKER, J.) ssp 921 WP 13510.2025.odt