Gopal Dagadu Kanaskar v. Sub Divisional Officer, Junnar, Ambegaon, Manchar-Pune And ORS

7-wp4392-2025.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4392 OF 2025 Gopal Dagadu Kanaskar ... Petitioner V/s.

Sub-Divisional Officer, Junnar, Ambegaon, Manchar-Pune & Ors.

... Respondents ATUL GANESH KULKARNI Mr. Vinayak B. Gadekar i/by Ms. Jidnyasa P. Rankar for the petitioner.

ATUL GANESH KULKARNI Date: 2025.04.02 14:21:02 +0530 Ms. Aloka A. Nadkarni, AGP for respondent Nos.1 to 6State. Mr. Manoj Bagal for respondent Nos.7 to 9.

CORAM

: AMIT BORKAR, J.

DATED : APRIL 2, 2025 P.C.:

1.

Challenge in this writ petition is to an order dated 6 February 2025 passed by the Sub-Divisional Officer, Junnar reviewing its original order dated 24 October 2025 passed in exercise of Section 23(2) of the Mamlatdar's Courts Act, 1906. 2.

On perusal of the impugned order, it is evident that the SubDivisional Officer has reviewed the order on substantive ground, and it is not a procedural error. The Mamlatdar's Courts Act, 1906 does not empower Sub-Divisional Officer to grant substantive review. The power exercised by the Sub-Divisional Officer being quasi judicial authority, unless statute empowers Sub-Divisional

7-wp4392-2025.doc Officer to review its own order, the Sub-Divisional Officer has no power.

3.

Hence, the impugned order dated 6 February 2025 is quashed and set aside. However, this shall not preclude respondent Nos.7 to 10 from challenging order dated 24 October 2024 before appropriate authority.

4.

With this clarification, the writ petition stands disposed of. No costs.

(AMIT BORKAR, J.)