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Bombay High CourtCA/12219/2025disposed off

Rajesh Mukindrao Dhage v. Sant Rohidas Charmakar Magawargiya Gruhanirman Sahakari Sanstha Ltd Through Its Chairman And Others

2026-01-19Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

2026:BHC-AUG:1925

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 3 WRIT PETITION NO. 10536 OF 2025 WITH CIVIL APPLICATION NO. 12219 OF 2025 SANT ROHIDAS CHARMAKAR MAGAWARGIYA GRUHANIRMAN SAHAKARI SANSTHA LTD THROUGH ITS CHAIRMAN

VERSUS

THE ADDITIONAL DIVISIONAL COMMISSIONER CHH. SAMBHAJINAGAR AND OTHERS ...

Mr. R. N. Dhorde, Senior Advocate i/b Mr. S. K. Chavan, Advocate for the Petitioner Mr. A. A. Mukhedkar, Advocate for Respondent Nos.4 and 5 Mr. S. A. Gaikwad, AGP for Respondent/State CORAM : S. G. CHAPALGAONKAR, J.

DATED : 19th JANUARY, 2026 P. C. :- 1.

Heard learned Senior Advocate appearing for Petitioner. 2.

The present Writ Petition takes exception to the order dated 14.08.2025 passed by Additional Divisional Commissioner, Chhatrapati Sambhajinagar in Matter No.2025/ROR/Appeal-1/CR-171. 3.

The Petitioner was allotted 4 Hectare land in the year 1984. The possession was also handed over. In the year 2019, Respondent Nos.4 and 5 made complaint alleging that construction is not raised by Petitioner/Society. On 30.06.2025, District Collector, Nanded passed order directing the confiscation of the land allotted to Petitioner. The Petitioner preferred an 3 CA 12219.2025.odt

Appeal before Respondent No.1 along with an application for grant of stay. Respondent No.1 rejected Application. Hence, this Writ Petition. 4.

Undisputedly, the statutory appeal preferred by Petitioner before Respondent No.1 is pending. This Court protected interest of Petitioner by granting order of status-quo vide order dated 25.08.2025. The purpose of present Writ Petition would be served if Respondent No.1 decides pending Appeal expeditiously.

5.

In that view of matter, Writ Petition stands disposed of with direction to Respondent No.1 to decide Appeal filed by Petitioner within a period of three months from today.

6.

Till disposal of Appeal, order dated 25.08.2025 passed by this Court granting status-quo shall remain in force. The learned Additional Commissioner shall decide appeal without influenced by his own observations in impugned order. The mutation entry in respect of the writ property shall be subject to the final outcome of appeal pending before the Additional Divisional Commissioner.

7.

Pending civil application, if any, stands disposed of. (S. G. CHAPALGAONKAR, J.) ssp 3 CA 12219.2025.odt