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Bombay High CourtWP/7036/2025disposed off

Amit Omprakash Agarwal And ORS v. Sitabai Khandu Dhore And ORS

2025-07-30Hon'Ble Shri Justice Milind N. Jadhav2 pages

7-WP7036-2025.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7036 OF 2025 Amit Omprakash Agarwal and anr.

...Petitioners

Versus

Sitabai Khandu Dhore and ors.

...Respondents

SANTOSH SUBHASH KULKARNI Mr. Nachiket Khaladkar, for the Petitioners.

Smt. Savita Prabhune, AGP for the State.

SANTOSH SUBHASH KULKARNI Date: 2025.07.30 18:08:37 +0530

CORAM:

N. J. JAMADAR, J.

DATED:

30th JULY, 2025 PC:- 1.

Heard the learned Counsel for the parties.

2.

Respondent No.20 has filed an affidavit-in-reply. 3.

The copies of the postal tracking report are annexed to the affidavit-in-reply.

4.

The learned AGP fairly submits that the record indicates that petitioner Nos.1 and 2 were not served with the notices issued by the Sub-Divisional Officer.

5.

Prima facie it appears that the impugned order has been passed without providing an efficacious opportunity of hearing to the petitioners and in breach of the principles of natural justice.

1/2

7-WP7036-2025.DOC 6.

Issue notice to the respondents for final disposal. 7.

The learned AGP waives notice for the State - respondent No.20.

8.

In addition to notice through Court the petitioner shall serve rest of the respondents by private service and file an affidavit of service.

9.

Stand over to 10th September, 2025.

10.

In the meanwhile, there shall be an ad-interim relief in terms of prayer clause (c).

[N. J. JAMADAR, J.] 2/2