Mehrun Bi Wd/O Sk. Afsar Thr. P.O.A. Holder Sk. Sakib Abdul Salim And Another v. Vinod Pundlik Gade And Others

2025:BHC-NAG:12574 1 WP-1498-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.1498 OF 2019 [Mehrun Bi Wd/o Sk. Afsar and Another ..Vs.. Shri Vinod Pundlik Gade and Others] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr A. B. Mirza, Advocate for Petitioners.

Mr P. P. Khaparde, Advocate for Respondent No.1. Ms R. V. Sharma, AGP for Respondents/State.

CORAM

: SIDDHESHWAR S. THOMBRE, J.

DATE : 19 th N OVEMBER , 2025 .

1.

Heard Mr. A. B. Mirza, learned counsel for the petitioners, Mr. P. P. Khaparde, learned counsel for the respondent No.1 and Ms. R. V. Sharma, learned Assistant Government Pleader for the respondents/State. 2.

Without going into the merits of the present petition, learned counsel for the petitioners submits that although notices were issued asking the parties to remain present for spot inspection on 31.01.2018, no such spot inspection was conducted on that date. Instead, it was carried out on 01.02.2018. He further submits that the concerned authorities did not inform to the petitioners about the conduct of the spot inspection. Therefore, without entering into the controversy involved in the present petition, it is necessary to direct the authorities to issue notices to the petitioners as well as the respondents asking them to remain present for spot inspection.

1 WP-1498-2019 3.

In view thereof, the writ petition is partly allowed. 4.

The order dated 09.02.2018 passed by the respondent No.7 - the Tahsildar, Telhara, in MCA-5/Saundla/12/2016-2017 as well as the order dated 30.11.2018 passed by the respondent No.6 - the SubDivisional Officer, Taluka Akot, District Akola, in RM No.MCA-23/Saundla/04/2017-2018 are hereby quashed and set aside.

5.

The Tahsildar, Telhara, is directed to issue notices to the petitioners and, if required, to other interested persons and conduct the spot inspection as per the prescribed procedure. After receipt of the same by the parties, the Tahsildar, Telhara, to decide the proceedings on its own merits within a period of three months from the date of receipt of this order.

6.

In view of the above, the writ petition is disposed of. 7.

All the points raised in this petition are kept open. (SIDDHESHWAR S. THOMBRE, J.) TAMBE