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Bombay High CourtWP/15649/2025disposed off

Prabhakr Appasaheb Kingre v. The State Of Maharashtra And Others

2026-03-05Hon'Ble Smt. Justice Vibha Kankanwadi , Hon'Ble Shri Justice Hiten S. Venegavkar2 pages

2026:BHC-AUG:9506-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 15649 OF 2025 Prabhakr Appasaheb Kingre

VERSUS

The State Of Maharashtra And Others Mr. G. M. Deshmukh, Advocate for petitioner Mr. V. M. Kagne, AGP for respondent-State

CORAM

: Smt. Vibha Kankanwadi & Hiten S. Venegavkar, JJ.

DATE : 05th March, 2026 PER COURT :- 1.

Present petition has been filed challenging the notice dated 10.12.2025 issued by the respondent No. 1.

2.

Heard learned Advocate, Mr. Deshmukh, for petitioner and learned AGP, Mr. Kagne, for respondent-State 3.

Learned Advocate for the petitioner submits that the petitioner had received notice dated 22.01.2025 from SDO and SDM office, Kacheri Road, Jalna stating that respondent No. 2 had filed appeal under Section 247 of the Maharashtra Land Revenue Code, 1966. It was against the Mutation Entry No. 738. It was communication stated that due to the continuous absence of both the parties, the appeal filed by respondent No. 2 has been disposed of. However, the same office has 912-WP-15649-2025.odt

sent new notice on 10.12.2025 wherein the respondent No. 2 has been shown as the appellant and the petitioner has been shown to be the respondent. They have been asked to remain present at 2:00 PM on 13.01.2026. According to the petitioner, the same authority cannot take the appeal once again.

4.

The first and the foremost fact is that it is only the notice that has been received by the petitioner. The petitioner can appear and say the same thing that same authority has no jurisdiction to deal with the matter when it was already decided on 22.01.2025. Without getting the documents, only on the basis of two documents that is the communication dated 22.01.2025 and the notice dated 10.12.2025, the present petition has been filed. There is absolutely no merit in the present petition and this is unnecessary attempt to get the powers of this Court under Article 226 of the Constitution of India exercised and therefore, we dismiss the petition.

(Hiten S. Venegavkar, J.) (Smt. Vibha Kankanwadi, J.) B. S. Joshi 912-WP-15649-2025.odt