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Bombay High CourtWP/9488/2024dismissed

Sandeep Pundalik Devre And ANR v. The State Of Maharashtra And ORS

2025-11-11Hon'Ble Shri Justice Milind N. Jadhav2 pages

44.WP.9488.2024.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9488 OF 2024 Sandeep Pundalik Devre and Ors.

.. Petitioners

Versus

The State of Maharashtra and Ors.

.. Respondents ....................

 Mr. Sarvesh Deshpande, Advocate i/by Mr. Bharat Gadhavi for Petitioners.

 Mr. Ajinkya Jaibhave, Advocate for Respondent Nos.3 to 5.  Ms. Vaishali Nimbalkar, AGP for the State.

....................

CORAM

: MILIND N. JADHAV, J.

DATE : NOVEMBER 11, 2025.

P.C.:

1.

Heard Mr. Deshpande, learned Advocate for Petitioners; Mr. Jaibhave, learned Advocate for Respondent Nos.3 to 5 and Ms. Nimbalkar, learned AGP for the State.

2.

By virtue of order dated 20.08.1975, the Government of Maharashtra has delegated the powers of the Collector to the Tahasildar / Additional Tahasildar in the District in respect of dealing and deciding Applications under Section 36-A of the Maharashtra Land Revenue Code, 1966 read with Act XXXV of 1978. The same is being followed till date as informed by the learned Government Pleader. In that view of the above, the Government order dated 20.08.1975 is directed to given to the Advocate for Petitioners.

44.WP.9488.2024.doc 3.

The only grievance raised and agitated in the present Petition is in respect of jurisdiction of the Tahasildar in having passed the impugned order as it is the contention of Petitioner that the Collector is the Statutory Competent Authority under Section 36-A of the MLR Code to decide and pass the orders.

4.

Advocate for Petitioners shall take instructions and accordingly apprise the Court on the next adjourned date on the above. 5.

List the Writ Petition on Board on 2nd December 2025. To be placed under the caption 'For Orders'.

[ MILIND N. JADHAV, J. ] Ajay AJAY TRAMBAK UGALMUGALE Date: 2025.11.12 10:49:12 +0530 AJAY TRAMBAK UGALMUGALE