Bhagwat Narsing Wagmare And Another v. The State Of Maharashtra Through Revenue Department And Others

2026:BHC-AUG:10458

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5586 OF 2024 Bhagwat Narsing Wagmare and Another

...Petitioners

Versus

The State of Maharashtra & Ors.

...Respondents

***  Mr. Kore Ganesh J., Advocate for the Petitioners.  Mr. A. A. A. Khan, AGP for Respondent - State.  Mr. Ramraje D. Kawade, Advocate for Respondent Nos.4 to 12, 20 to 22 and 26 to 28.

*** CORAM : AJIT B. KADETHANKAR, J.

DATE : MARCH 10, 2026 P. C. :

1.

The petitioner is aggrieved by the order dated 28th March 2022 passed by the District Superintendent of Land Records, Osmanabad in proceedings No. Ekatri/Appeal/S.R. 790/2019, whereby the delay of more than 50 years in challenging the Mutation Entry No.224 in an Appeal under Section 247 of the Maharashtra Land Revenue Code, 1966 has been condoned.

2.

Mr. Kore, learned counsel would submit that, in fact, as per the procedure, the petitioner had challenged the said order before the Hon'ble Minister of State (Revenue), State of Maharashtra vide appeal

No.2022/Case No.654. He would submit that the petitioners subsequently withdrew that revision/appeal for the reason that there was no one to officiate the chair of the Appellate Authority at the relevant time, and the present petition was filed. 3.

Mr. Kawade, learned counsel for the respondent would submit that now the Hon'ble Minister of State (Revenue) is regularly hearing the appeals preferred before him under the appellate provisions of the Maharashtra Land Revenue Code, and the petitioner be directed to approach before the Hon'ble Minister under Section 257 of the Code.

4.

Mr. Kore, learned counsel for the petitioner would submit that the petitioner is ready and willing to approach before the Hon'ble Minister and would submit that this writ petition was filed in the peculiar facts of the case. He would submit that the petitioner be protected in view of the order passed by this Court on 10th July 2025 for some period, and the petitioner shall accordingly approach the Hon'ble Minister for securing further orders. 5.

In view of this, the petition stands disposed of as withdrawn by the petitioner, on instructions, with liberty to the

petitioner to file appropriate proceedings before the Hon'ble Minister of State (Revnue), State of Maharashtra. The petitioner shall file appropriate proceedings within a period of six (06) weeks from today. 6.

The interim protection granted on 10th July 2025 shall remain in operation for next eight (08) weeks. The Hon'ble Minister is requested to conclude the proceedings within a period of six (06) weeks from the date of of appearance of the parties. ( AJIT B. KADETHANKAR, J. )