Gajanan Keshav Tambe And ANR v. The Principal Secretary, Revenue And Forest Dept. State Of Mah. And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12784/2025 Gajanan Keshav Tambe & another Petitioner

Versus

Principal Secretary Revenue & Forest Department and others Respondents _______ Adv. Esheta R. & Prasad Avhad i/b. Chetan Nagare for Petitioner. Ms. P. J. Gavhane, AGP for State.

_______

CORAM:

G. S. KULKARNI & AARTI SATHE, JJ.

DATE:

1st October 2025 P.C.

1.

This petition under Article 226 of the Constitution of India has been filed praying for the substantive reliefs which read as follows: - "a.

This Hon'ble Court may be pleased to direct the Respondent no.2 i.e District Collector to decide and take appropriate steps on the grievance application dated 11/08/2025 addressed by the Petitioners to Respondent no.2 and to initiate detailed inquiry in respect of applications filed and orders passed u/s. 155 of Maharashtra Land Revenue Code, 1966 by the Tahsildar PimpriChinchwad under his jurisdiction and to take appropriate legal actions on the procedural lapses, if any, to prevent misuse of quasi judicial powers by the Tahsildar;

b.

This Hon'ble Court may be pleased to direct the Respondent no.1 to frame proper guidelines in accordance with the law for adjudicating applications filed under section 155 of MLRC. c.

This Hon'ble Court be pleased to direct the Respondent no. 3 to finally decide the RTS Revision Application no.419/2025, 420/2025, 427/2025 and 428/2025, filed by the Petitioners, in an expeditious and within time bound manner on its own individual merits;

MANISH SURESHRAO THATTE MANISH SURESHRAO THATTE Date: 2025.10.09 10:10:55 +0530

d.

Such other and further relief's be granted as the nature and circumstances of the case may be require."

2.

The Petitioners' are primarily aggrieved by the inaction on the part of Respondent no.2 i.e District Collector, Pune, New Collector Office Building, Opposite Sasoon Hospital, Station Road, Pune-411011 in not deciding the application dated 11th August 2025 addressed by Petitioners to Respondent no.2, in respect of initiating necessary inquiry on the orders passed by Tahsildar PimpriChinchwad under Section 155 of Maharashtra Land Revenue Code,1966 ( MLRC) from the year 2022-2023 and to take appropriate legal action on the procedural lapses if any.

3.

It is the Petitioners' contention that, petitioners are the owners of Survey nos. 43/1B, 45/2, 45/3, 34/2, 32/2D, 32/2A/2B and 32/2A/2 which was earlier owned jointly by Smt. Vimal Keshav Tambe which was released/relinquished in favour of the Petitioners by way of executing a Release Deed. One Mrs. Archana Prakash Dangat and Ms. Kantabai Sopan Majire made an application bearing no. H.no. 155/SR/13/2023 under Section 155 of MLRC on 19th January 2023 before the Tahsildar Pimpri-Chinchwad in respect of the said lands owned by the Petitioners.

4.

On 6th February 2023, the Ld. Tahsildar, Pimpri- Chinchwad without issuing notices to the Petitioners decided the aforesaid applications and passed an order without following the principles of natural justice. The said Mrs. Archana Prakash Dangat and Ms. Kantabai Sopan Majire created third party rights in the name of Mr. Amit Balu Landge in the lands owned by the Petitioners.

5.

On 19th September 2024, Petitioners filed RTS Appeals bearing No. 216 of 2023 and 218 of 2023 before the Ld. Sub Divisional Officer, Haveli, which was dismissed by the Ld. SDO Haveli. The Petitioners also filed a second RTS bearing No. 1123 of 2024 and 1124 of 2024 before the (Ld. Additional Collector, Pune) who quashed and set aside by order dated 27th May 2025. Pursuant to the aforesaid, petitioner made an application to the Addl. District Collector i.e. Respondent No.2 for initiating inquiring in respect of orders passed by Ld. Tahsildar Pimpri Chinchwad, under section 155 of MLRC. It is this application which is pending for adjudication before Respondent No. 2 which is causing grave prejudice to Petitioners in as much as third party rights have got created in the land of the Petitioner. In the meantime, the aforesaid Mrs.Archana Prakash Dangat and Mr. Amit Balu Landge have filed RTS Revision Application No. 427/2025 & 428/2025 and 419/2025 and 420/2025, wherein Status quo has been granted vide order dated 25th August 2025.

6.

The anxiety of the Petitioners is that such application dated 11thAugust 2025 needs to be taken to its logical conclusion and the same therefore ought to be considered expeditiously as the law would mandate. 7.

In our view, having due regard to the limited relief that the petitioners seek 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) Respondent No.2 i.e. District Collector, Pune shall consider and decide the pending application dated 11thAugust 2025 of the Petitioners in accordance with law as expeditiously as possible, preferably within a period of six weeks from the date this order is made available to the said Respondents by the Petitioners; (iii) All rights and contentions of parties are expressly kept open; (iv) Writ Petition is disposed of in the above terms. No costs. (AARTI SATHE, J.) (G. S. KULKARNI, J.)