Rajendra S/O Dhanraj Boldhane And Others v. State Of Maharashtra, Thr. Secretary Ministry Of Revenue And Forests, Mumbai And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 3118 OF 2025 (Rajendra s/o Dhanraj Boldhane & Ors. Vs. State of Maharashtra & Ors.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. Sarang Malode, Counsel for the petitioners. Ms M.S. Naik, A.G.P. for respondent nos. 1 to 6, 17 and 19/ State.

Mr. S.D. Chande, Counsel for respondent nos. 10 and 18. .....

CORAM : ANIL L. PANSARE, J.

JUNE 20, 2025 Heard.

2] The learned Counsel for the petitioners has invited my attention to the impugned order dated 23/5/2025 passed by the Sub-Divisional Officer, Mouda. The order commenced with a reference to an application dated 20/2/2025 made by the petitioner no.1. The SubDivisional Officer has mentioned that this application was made for correction of area of survey nos. 4A and 4B, and that the application was submitted before the District Superintendent of Land Records, Nagpur. Pursuant thereto, the Deputy Superintendent of Land Records was directed to enquire into the matter by forwarding letter dated 20/3/2025. The Deputy Superintendent of Land Records, Kamptee, enquired into the matter by visiting the spot on 23/4/2025. Thereafter, on 23/5/2025, the Sub-Divisional Officer, Mouda, heard the parties for the purpose of taking action on the application dated 20/2/2025 made by the petitioner.

3] The learned Counsel for the petitioners submits that such an application was never filed by petitioner no.1.

4] The learned A.G.P. shall, therefore, take instructions on this point.

5] Stand over to 2:30 pm.

(ANIL L. PANSARE, J.) LATER ON AT 2:30 PM 6] The learned A.G.P. submits that she did not get exact answer to the query put forth by the Court. According to her, record from the District Superintendent of Land Records was placed before the Sub-Divisional Officer and the said record has been sent back to the Superintendent of Land Records and, therefore, is not in a position to immediately answer whether the application placed before him was for area correction and whether it was dated 20/2/2025. She seeks time to produce the entire record. Time granted.

7] Another aspect is that the order impugned indicates that copy of order was to be sent to petitioner no.1. The learned Counsel for the petitioners submits that the Sub-Divisional Officer has not sent the copy of order and, therefore, the appeal could not be filed promptly. 8] The learned A.G.P. shall take instructions as to whether a copy of order was dispatched at the address

of petitioner no.1. If yes, the date when it was so dispatched; if no, the reasons therefor.

9] Issue notice to the respondents returnable on 3/7/2025.

10] The learned A.G.P. waives notice for respondent nos. 1 to 6, 17 and 19.

11] The interim relief to continue till then.

(ANIL L. PANSARE, J.) Sumit Signed by: Mr. Sumit Agrawal Designation: PS To Honourable Judge Date: 20/06/2025 16:40:13