James Pascal Dsilva v. The Tahasildar Thane And ORS

WAKLE MANOJ JANARDHAN WAKLE MANOJ JANARDHAN Date: 2026.03.26 17:08:07 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3437 OF 2026 James Pascal Dsilva Through his Power of Attorney Holder Shri Dr. Sanjay Rajaram Sonawane

...Petitioner

Vs.

The Tahasildar, Thane & Ors.

...Respondents

__________________________________________ Ms. Nikita S. Kamble i/by Adv. Suresh M. Kamble, for the Petitioner. Smt. V.S. Nimbalkar, AGP for the Respondent-State. __________________________________________ CORAM : M. S. KARNIK AND SHYAM C. CHANDAK, JJ.

DATE : 23rd MARCH, 2026.

P.C.:- 1) This Petition filed under Article 226 of the Constitution of India seeking a direction to Respondent No.1 to decide the Application dated 1st October, 2025 filed by the Petitioner. Thereby, the Petitioner has requested the Respondents to record in his name the subject matter property, i.e., open plot admeasuring 1230 Sq. Mtr., situated in Survey No.18, Hissa No.12 at Mauje Shahabaz (Belapur), Taluka & District Thane. 2) Heard Ms. Kamble, learned Counsel for the Petitioner and Smt. Nibalkar, the learned AGP for the Respondent-State. 3) It is the case of Petitioner that he has purchased the subject property by a registered Sale Deed bearing No.D-6-0-2009, Document 1/3

No.5101/2009 dated 21st August, 2009. The said open plot is not under acquisition for any purpose. The Petitioner states that, as per Order No.ULC/TA/TE-1/Shahbaz/SR/234/16 dated 22nd March, 2007 issued by the Additional District Collector and Competent Authority, Thane (Urban Land Ceiling Thane), the Additional District Collector has granted no objection for the transfer of the said land. The Petitioner had obtained all necessary permissions from the Competent Authorities for the sake of the sale and transfer of said open plot. The said land is free from all encumbrances and disputes. Therefore, the Petitioner filed an Application dated 1st October, 2025 and requested the authorities concerned to record the said open plot in his name and update the village form No.7/12 extract, accordingly. However, said Application is pending decision. 4) The learned APP, on instructions, made a statement that the said Application will be decided within a period of 8 weeks in accordance with law. The learned Counsel for the Petitioner has no objection to accept the said statement.

5) As a result, the Petition can be worked out, accordingly. Hence, the following Order :- :: ORDER ::

(a) The Petition is partly allowed.

(b) The Respondent No.1 shall decide the Application dated 1st October, 2025 within a period of 8 weeks from the date of 2/3

communication of this Order, in accordance with law and giving hearing opportunity to the parties concerned. 6) Petition stands disposed of in above terms.

(SHYAM C. CHANDAK, J.) (M. S. KARNIK, J.) 3/3