Poonam W/O Mahendra Patil And Others v. Sub-Divisional Officer, Sindhkhedraja, Buldhana And Others

2024:BHC-NAG:10587 19-WP-4558-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 4558 OF 2023 (Poonam w/o Mahendra Patil & Ors. Vs. Sub-Divisional Officer, Buldhana & Ors.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri C.S. Kaptan, Senior Counsel with Shri Rahul Kalangiwale, Counsel for the petitioners.

Ms S.N. Thakur, A.G.P. for respondent no.1.

.....

CORAM : ANIL L. PANSARE, J.

SEPTEMBER 23, 2024 The grievance is that the Sub-Divisional Officer, Sindhkhedraja, District - Buldhana, has passed order dated 9/3/2023 in Revenue Case No. P.F.G./ Sakharkherda/4/2022-23, without giving opportunity of hearing to the petitioners.

2] The subject matter is the land bearing Survey No. 905, admeasuring 0.66 H.R. Petitioner nos. 4 to 6 have sold their undivided share to petitioner nos. 1 to 3. Respondent nos. 2 to 4, who are/were minor, had filed application through guardian before the SubDivisional Officer, Sindhkhedraja, alleging that the saledeed is void, as it violates the provisions of fragmentation.

3] The learned Senior Counsel for the petitioners has invited my attention to Roznama dated 27/2/2023 and 9/3/2023, which indicate that on 27/2/2023, the application was filed. Report of Talathi

19-WP-4558-2023 was called and the matter was adjourned for orders. On 9/3/2023, the impugned order was passed.

4] Thus, it is abundantly clear that the SubDivisional Officer, Sindhkhedraja, has given no opportunity of hearing to the petitioners.

5] The learned A.G.P. has made an attempt to justify the order, however, was required to concede that opportunity of hearing was not given to the petitioners. 6] In view thereof, the impugned order is liable to be set aside.

7] Accordingly, order dated 9/3/2023 passed by the Sub-Divisional Officer, Sindhkhedraja, in Revenue Case No. P.F.G./ Sakharkherda/4/ 2022-23, is quashed and set aside. The matter is remanded back to the SubDivisional Officer, Sindhkhedraja, to decide it afresh and in accordance with law, which includes giving opportunity of hearing to the petitioners. Revenue Case No. P.F.G./ Sakharkherda/4/2022-23 is restored on the file of the Sub-Divisional Officer, Sindhkhedraja.

8] The parties shall appear before the SubDivisional Officer, Sindhkhedraja, on 14/10/2024. 9] The petition is disposed of.

(ANIL L. PANSARE, J.) Sumit