Ganesh S/O Mahadeo Gawande v. The Additional Collector, Washim And Others

2025:BHC-NAG:11645 1 47-wp 2644.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 2644 OF 2019 ( Ganesh s/o Mahadeo Gawande vs. The Additional Collector, Washim and others ) Office Notes, Office Memorandum of Coram, appearances, Court's orders or the directions, Court's or Judge's order and Registrar's orders.

Mr. A.D.Girdekar and Mr. A.P.Tathod, Advocates for petitioner. Mr. H.R.Dhumale, AGP for respondent Nos.1 and 2. CORAM : SIDDHESHWAR S. THOMBRE, J.

NOVEMBER 07, 2025 1) Heard learned counsel for the respective parties. 2) The short question involved in the present writ petition is that the Tahsildar vide its order dated 24/10/2017, allowed the application filed by the petitioner and it was directed to remove the obstruction, the same was assailed by the respondent No.3 before the Additional Collector Washim. 3) I have gone through the order dated 02/06/2018 passed by the learned Additional Collector, which reveals that the Additional Collector had observed that Tahsildar/ Mamlatdar has passed the order without cross-examination and procedure was not followed. If such observations are recorded by the learned Additional Collector, it ought to have remanded the matter back to the concerned authority to decide it afresh but instead of that revision came to be allowed.

4) In view thereof, the order dated 02/06/2018 passed by the learned Additional Collector, Washim and the order dated 24/10/2017 passed by the Tahsildar are hereby quashed and set aside.

KOLHE

2 47-wp 2644.2019.odt 5) The Tahsildar/Mamlatdar's Court is directed to decide the proceeding afresh within a period of three months from today after giving an opportunity of hearing to all the concerned parties.

6) Parties to appear before the Tahsildar on 17/11/2025. (SIDDHESHWAR S. THOMBRE, J.) KOLHE