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Bombay High CourtWP/7873/2024disposed off

Mohammad Basid Mohammad Gaus v. Adil Bin Saeed Amshan And Others

2026-04-30Hon'Ble Shri Justice Neeraj P. Dhote3 pages

2026:BHC-AUG:20001

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

957 WRIT PETITION NO.7873 OF 2024 Mohammad Basid Mohammad Gaus .. Petitioner

Versus

Adil Bin Saeed Amshan And Others .. Respondents .....

Shri. G. R. Syed, Advocate for the Petitioner Adv. Ziya J. Pathan for Respondent No.3 Shri. G. D. Kale, Advocate for Respondent No.4 .....

CORAM :

NEERAJ P. DHOTE, J.

Dated :

APRIL 30, 2026 PER COURT :- .

By the present Writ Petition under Article 227 of the Constitution of India, the challenge is raised to the order dated 12.06.2024 passed by the Superintendent of Land Records, Nanded, in Appeal No.51/2022 allowing the Application of third party for impleading it as the party Respondent in the said Appeal.

2.

The learned Advocate for the Petitioner submits that, Respondent No.4 filed application before the said Authority to implead her as the party Respondent and the same is allowed without giving any reasons. He submits that, the Petition be allowed and the matter be remanded to the concerned Authority for reconsideration.

3.

The learned Advocate for Respondent No.4 submits that, the said Authority has rightly passed the order. He further submits that, Respondent No.4 is the necessary party to the proceedings. However, he submits that, he has no serious objection, if the matter is remanded for fresh consideration.

4.

The learned Advocate for the Respondent No.3 submits that, appropriate orders be passed.

5.

The papers on record go to show that, Respondent No.4 had filed the Application for impleading her as the party Respondent in the said proceedings and the Petitioner filed his reply to the same. The Superintendent of Land Records, Nanded, passed one line order in the Roznama stating that the Application is allowed. The said order does not reflect the reasons for allowing the Application. Thus, the appropriate course would be to set aside the said order and remand the matter to the Superintendent of Land Records, Nanded, for fresh consideration and decision, after hearing both the sides and to pass a reasoned order. Hence, the following order.

ORDER

(i) The Writ Petition is allowed in terms of prayer clause 'B'. (ii) The Superintendent of Land Records, Nanded, to decide the Application filed by Respondent No.4 afresh, after hearing both the sides and in accordance with law.

(iii) The parties to appear before the Superintendent of Land Records, Nanded on 13.05.2026.

(iv) Petition stands disposed of.

( NEERAJ P. DHOTE, J. ) GGP