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Bombay High CourtWP/12849/2025disposed off

Pravin Sidram Balgaonkar v. The State Of Maharashtra Thr. The Chief Secretary, General Administration Dept. And ANR.

2026-01-21Hon'Ble Shri Justice Ajit B. Kadethankar , Hon'Ble Shri Justice R. G. Avachat2 pages

901.WP.12849.2025.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12849 OF 2025 Mayur Sharad Balwadkar .. Petitioner

Versus

Ramesh Maruti Pokale And Ors.

.. Respondents ....................

 Mr. Ashok B. Tajane, Advocate for Petitioner.  Mr. Prathamesh Bhargude a/w. Mr. Sumit Sonare, Advocates for Respondent No.1.

...................

CORAM

: MILIND N. JADHAV, J.

DATE : OCTOBER 07, 2025 P.C.

:

1.

Heard Mr. Tajane, learned Advocate for Petitioner and Mr. Bhargude, learned Advocate for Respondent No.1. 2.

Mr. Tajane has taken me through the facts of the present case. The impugned order is appended at Exhibit-V, page 312. Perusal of the order prima facie shows that the said order merely decide the case on jurisdiction, inter alia, holding that revision is not maintainable.

3.

However, in view of the extant provisions of Section 257 of the Maharashtra Land Revenue Code, 1966 read with Schedule-E thereof, the revision is maintainable. The impugned order is therefore not sustainable and is quashed and set aside. 4.

The matter is remanded for fresh hearing before the

901.WP.12849.2025.doc Additional Commissioner, Pune Division for deciding the challenge to the order dated 15.01.2024 passed by Additional Collector, Pune. 5.

In the meanwhile until the Additional Commissioner passes fresh order, status quo granted vide order dated 14.01.2025 shall stand continued until Additional Commissioner decides the said challenge. 6.

Contentions of both the parties are expressly kept open. 7.

If any further challenge with respect to grant of status quo order is required by parties, they are free to explore their avenues and seek redressal before the appropriate Court.

8.

If Mutation Entry is likely to be effected by the statutory Authorities, the same shall only be done after due notice to the other side.

9.

Parties shall appear before the Additional Commissioner on Monday i.e. 13.10.2025 at 12:00 Noon alongwith a server copy of this order and every endeavour shall be made to decide the proceeding as expeditiously as possible and in any event within a period of eight weeks thereafter.

10.

With the above directions, Writ Petition is disposed. H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date:

2025.10.09 15:19:20 +0530 HARSHADA HANUMANT SAWANT