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Bombay High CourtWP/9261/2025disposed off

Ajay Dnyanoba Tingare v. State Of Maharashtra And ORS

2025-09-24Hon'Ble Shri Justice G. S. Kulkarni , Hon'Ble Ms Justice Aarti A. Sathe3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9261 OF 2025 Ajay Dnyanoba Tingare Petitioner

Versus

1. The State of Maharashtra

2. Additional Divisional Commissioner, Pune Division

3. Cyril John Mutonde, since deceased through his L.Rs. Respondents _______ Mr.Wasim Samlewale for Petitioner.

Ms.M.S.Bane, AGP, for Respondent nos.1 and 2. _______

CORAM:

G. S. KULKARNI & AARTI SATHE, JJ.

DATE:

24th September 2025 P.C.

1.

This petition under Article 226 of the Constitution of India prays for the following substantive reliefs, which read thus : "a) Rule be issued and record and proceedings of the case be called for;

b) This Hon'ble Court be pleased to issue a writ of mandamus or any other appropriate writ, order or direction in the like nature of Writ under Article 226 of the Constitution of India thereby directing the Respondent No.1 Hon'ble Minister, Revenue and Forest Department, State of Maharashtra, Mantralaya, Mumbai to finally decide the Revision Application No.2415 of 2023 (Exhibit-H colly) filed by the Petitioner as expeditiously as possible preferably in time bound manner as decided by this Hon'ble Court; c) The Writ Petition may kindly be allowed with costs; d) Any other suitable relief which this Hon'ble Court deems fit and proper under the given facts and circumstances of the case may also be passed in favour of the Petitioner."

2.

The Petitioner's grievance is of a delay in consideration of his Revision MANISH SURESHRAO THATTE MANISH SURESHRAO THATTE Date: 2025.11.10 15:50:25 +0530 Application No.2415 of 2023 filed before Respondent no.1 i.e. Hon'ble Minister,

Revenue and Forest Department, Government of Maharashtra dated 22nd December 2023. The Revision Application is filed by the Petitioner against the judgment and order dated 30th May 2023 passed by Respondent no.2 Additional Divisional Commissioner, Pune in respect of certain mutation entries, in respect of the land which was sold to the Petitioner by the vendors (the original owners of the said land). After the said sale of the aforesaid land in favour of the Petitioner for a consideration of Rs.35 lakh, the name of the Petitioner has been recorded by way of mutation entry no.5536 and the same was certified by the Circle Officer, Wagholi vide his order dated 4th April 2016. However, the said mutation entry has been challenged by Respondent nos.

3A to 3C before the learned Sub-Divisional Officer, Haveli Sub Division, Pune thereby praying that their names need to be entered in the revenue records qua the aforesaid land and cancel the entries as made in favour of the Petitioner. The Sub Divisional Officer, Haveli has dismissed the appeal field by Respondent nos.3A to 3C by order dated 22nd November 2019. Against the said order dated 22nd November 2019, the Respondent nos.3A to 3C filed a Second Appeal No.154 of 2020 before the Additional Collector, Pune. The said appeal has also been dismissed by order dated 20th April 2021 by the Additional Collector, Pune. The Respondent Nos.3A to 3C hence filed Revision Application No.115 of 2021 before Respondent no.2 i.e. Additional Divisional Commissioner, Pune Vision, Pune, who passed an ex-parte order against Petitioner/Respondent no.

6 allowing the revision application filed by Respondent nos.3A to 3C. This order on revision application has been challenged by the Petitioner before Respondent no.1 which is pending consideration/decision.

3.

In our view, considering the limited relief that the Petitioner seeks in the petition and although there being no written opposition/reply of the Respondents, considering the nature of the orders we propose to pass, no prejudice would be caused to the Respondents. The following order would serve the ends of justice.

ORDER

(i) We direct the Respondent no.1 i.e. the Hon'ble Minister, Revenue and Forest, Government of Maharashtra, to consider and decide the pending Revision Application no.2415 of 2023 filed by the Petitioner (Exhibit-H collectively to the petition) as expeditiously as possible and preferably within a period of four weeks from the date this order is made available to the said Respondent by the Petitioner; (ii) Let all parties be heard;

(iii) All rights and contentions of the parties are expressly kept open; (iv) The writ petition is disposed of in the above terms. No costs. (AARTI SATHE, J.) (G. S. KULKARNI, J.)