Narendrakumar Kachrulal Abad And Others v. The State Of Maharashtra Through Principal Secretary And Others

2026:BHC-AUG:20841-DB ( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 917 CIVIL APPLICATION NO. 3334 OF 2026 IN WP/5129/2025 NARENDRAKUMA KACHRULAL ABAD AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH PRINCIPAL SECRETARY & ORS. .....

Advocate for the Applicants : Mr. D.P. Palodkar Sr. Advocate for Respondents/State : Mr. S.B. Deshpande i/b. A.V. Lavte, AGP .....

CORAM : NITIN B. SURYAWANSHI & VAISHALI PATIL JADHAV, JJ.

DATE :

17th April, 2026 P.C. :- 1.

Parties are permitted to correct the pagination. 2.

By this application, the applicant is seeking following relief: "(B) This Hon'ble High Court, considering the additional facts pleaded in the present Civil Application, may be pleased to stay the effect, operation and implementation of the impugned order dated 19.03.2025 passed by respondent No. 1 to the extent of Survey No. 560, situated at Tal. & Dist. Jalna."

3.

Reliance is placed on the order passed by this Court in Writ Petition No.5129/2025 (Narendrakuma Kachrulal Abad & Ors. V/s. State of Maharashtra & Ors.) dated 16.09.2025, wherein, this Court has stayed the impugned communication dated 19.03.2025, in so far as the survey no.553 in District Jalna. In support of the prayers made in the application, reliance

( 2 ) is also placed on the communication dated 26.06.2025 addressed to the Divisional Commissioner, Ch. Sambhajinagar by eight member committee headed by Collector, Jalna, wherein, reference is given of the Pathak committee which was formed to inquire into the Government lands, Inam lands, tenancy lands and ceiling lands at Jalna. 4.

Heard Mr. Palodkar learned advocate for the Applicants and Mr. S.B. Deshpande the learned senior advocate appearing for the State Government. Perused the record.

5.

Learned senior advocate has fairly submitted that as per the Pathak committee report land gut no.559 is a private land. It is mentioned in the report that survey no. 543 was given survey no.559 and survey no.544 was given survey no.560. It is also mentioned that as per the record,` survey nos.559 and 560 are private lands. These aspects are also mentioned in the affidavit in reply filed on behalf of Respondent No.4 by Sub-Divisional Officer, Jalna.

6.

In the light of the above and in view of the order dated 16.09.2025 passed by the Coordinate Bench, we are inclined to allow the Civil Application. In the result, the Civil Application is allowed in terms of

( 3 ) prayer clause-B. The impugned order dated 19.03.2025 is stayed in so far as survey no.560 in Dist. Jalna is concerned.

[VAISHALI PATIL JADHAV, J.] [ NITIN B. SURYAWANSHI, J.] mubashir