Vishal Sukhdeo Bhone And ORS v. The State Of Maharashtra Throu. Ld Addl Collector And ORS

50-wp-5470-2025.doc Shabnoor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5470 OF 2025 Vishal Sukhdeo Bhone & Ors.

... Petitioners V/s.

The State of Maharashtra & Ors.

... Respondents SHABNOOR AYUB PATHAN SHABNOOR AYUB PATHAN Date: 2025.04.28 14:56:12 +0530 Mr. Prasad Pradeep Kulkarni a/w Nakul V. Shukla for petitioners.

Mr. Hamid D. Mulla, AGP for State - respondent No.1

CORAM

: AMIT BORKAR, J.

DATED : APRIL 28, 2025 P.C.:

1.

Issue notice to respondents, returnable on 21 July 2025. 2.

Prima facie, it appears that the order in favour of the petitioner under Section 85 of the Maharashtra Land Revenue Code, 1966 (for short " the Code") has not been challenged by the sisters. However, the Tehsildar by the order dated 20 December 2022 rejected petitioners' application to give an effect to the order passed under Section 85 of the Code, and further directed the entry of sister's name in the revenue record, who had not challenged the order under Section 85 of the Code. In such appeal, the Additional Collector has rejected the application for stay. 3.

Hence, till the next date, there shall be ad-interim relief in terms of prayer clause (b).

50-wp-5470-2025.doc 4.

It is made clear that, pendency of the present petition shall not operate as stay of Second Appeal No.157 of 2024, it shall be open for the Additional Collector to decide such appeal on its own merit.

(AMIT BORKAR, J.)