Mohiniraj Raoji Dohale And Others v. The State Of Maharashtra And Others

2026:BHC-AUG:8927 1 of 2 88-WP.7035.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 88 WRIT PETITION NO. 7035 OF 2022 MOHINIRAJ RAOJI DOHALE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Mr. B. G. Sagade, Advocate for the Petitioners. Mr. R. B. Dhaware, AGP for Respondent-State.

...

WITH CIVIL APPLICATION NO. 7910 OF 2025 IN WP/7035/2022 MOHINIRAJ RAOJI DOHALE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. B. G. Sagade, Advocate for the Applicants. Mr. R. B. Dhaware, AGP for Respondent-State.

WITH CIVIL APPLICATION NO. 209 OF 2023 IN WP/7035/2022 MOHINIRAJ RAOJI DOHALE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Mr. B. G. Sagade, Advocate for the Applicants. Mr. R. B. Dhaware, AGP for Respondent-State.

...

CORAM :

SIDDHESHWAR S. THOMBRE, J.

DATE :

26th FEBRUARY, 2026 P.C.:- 1.

The learned counsel for the petitioners submits that the suit

2 of 2 88-WP.7035.2022.odt for declaration and injunction filed in civil court is in respect of the same property, on which access sought was granted by the Mamlatdar under section 5 of the Mamlatar's Courts Act, 1906 (for short "the Act"). The learned counsel relies upon section 22 of the Act, contending that the orders passed by the Civil Court will have over riding effect on the orders passed by the Mamlatdar. 2.

In view of this position of law, this petition is disposed of with direction that the order passed by the Civil Court on the same subject matter would supersede any order passed by the Mamlatdar. 3.

All pending civil applications are disposed of. (SIDDHESHWAR S. THOMBRE, J.) Tauseef