Vishnu S/O. Ranganath Dolas And Another v. Anant Pandurang Pagore

2025:BHC-NAG:10896 1 101-WP-5574-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.5574 OF 2024 Vishnu S/o. Ranganath Dolas and Another Vs.

Anant Pandurang Pagore and Others Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. D.M. Surjuse, Advocate for the Petitioners. Mr. A.G. Mate, AGP for the Respondent/State.

Mr. C.A. Joshi, Advocate for respondent Nos.1 to 8. CORAM: SIDDHESHWAR S. THOMBRE, J .

DATED : 13 th OCTOBER, 1.

Heard Mr. D.M. Surjuse, learned counsel for the petitioners, Mr. A.G. Mate, learned AGP for the respondent/State and Mr. C.A. Joshi, learned counsel for respondent Nos.1 to 8.

2.

The petitioners are challenging the order dated 02.07.2024 passed by the Sub-Divisional Officer, Mehakar in Revision No.MC Act-5/Revision/28/ Kalyana/2023-2024 and the order dated 07.03.2024 passed by Mamlatdar Court, Mehakar in MC Act-5/Kalyana/05/2023-2024.

3.

Learned counsel for the petitioners submits that the learned Mamlatdar Court, Mehakar passed an order without hearing the petitioner, although the revision was filed. But, the fact remains that, while passing the order, the Mamlatdar Court, Mehakar ought to have given an opportunity of hearing to the petitioner. Therefore, on

2 101-WP-5574-2024.odt this ground alone, the order passed by the Mamlatdar Court, Mehakar is liable to be set-aside.

4.

In view thereof, the present writ petition is disposed of. The orders passed by both the authorities are set-aside. The matter is remanded back to the Mamlatdar Court to decide afresh by giving an opportunity of hearing to all the concerned and pass a reasoned order within a period of three months from today. All the issues are kept open.

(S IDDHESHWAR S. THOMBRE J.

) Privel