Shobha Somnath Gunjal v. The State Of Maharashtra Through Its Principal Secretary And Others

2025:BHC-AUG:21761-DB 4-WP-36-2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 4 WRIT PETITION NO. 36 OF 2025 SHOBHA SOMNATH GUNJAL

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS ....

Mr. K. N. Shermale, Advocate for the Petitioner Ms S. S. Joshi, AGP for Respondent Nos. 1 to 5 ....

CORAM : MANISH PITALE AND Y. G. KHOBRAGADE, JJ.

DATE : 11.08.2025 PER COURT :- 1.

Although the office note shows that service upon Respondent No.10 is awaited, it is brought to our notice that Respondent No.10, in the facts and circumstances of the present case, is a formal Respondent. The contesting Respondents are the State Authorities.

2.

It is further brought to our notice that similar matters were disposed of by this Court by an order dated17.07.2025, passed in Writ Petition No.51 of 2025 (Minakshi Suresh Thorat Vs. The State of Maharashtra and others), and connected Writ Petitions.

(( 2 )) 4-WP-36-2025 3.

By the said order, the Writ Petitions raising identical issues were allowed and the suo moto revision proceedings initiated by the Respondent Deputy Collector, were quashed and set aside, for the reason that such proceedings were initiated in the context of orders passed prior to five years from the point in time when the suo moto revision proceedings were initiated.

4.

Hence, in the light of the reasons stated in the order dated 17.07.2025 passed in the case of Minakshi Suresh Thorat (supra), we allow the present Writ Petition also and quash and set aside the impugned reports prepared by the Sub-Divisional Officer and suo moto revision proceedings initiated by the Respondent Deputy Collector.

5.

However, it is clarified that the concerned Authority would always be at liberty to to take such steps as available in law by complying with Section 257(1) of the Maharashtra Land Revenue Code, 1966.

[ Y. G. KHOBRAGADE, J. ] [ MANISH PITALE, J. ] SMS