Nathu S/O. Baburao Satkar v. Sub Divisional Office, Chandrapur And Others

1 5-3455-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 3455/2025 Nathu S/o Baburao Satkar Vs. Sub Divisional Officer Warora and others Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. K. Jain, i/b Mr. Shekhar Dhengale, Advocate for Petitioner Mr. A.L. Palshikar, AGP for Respondent Nos.1 and 2 CORAM: ANIL L. PANSARE, J.

DATED : 4th JULY, 2025 1.

Heard.

2.

The counsel for the petitioner submits that the respondent Nos.3 to 6 have obtained the order by suppressing material fact. According to him, the order that was challenged before the respondent No.1 was passed on 27.06.2024 by the respondent No.2 - Tahsildar. The petitioner filed caveat before the respondent No.1. Copy of which was served on respondents on 22.07.2024. The counsel submits that in the application for caveat, the details of the order were mentioned, meaning thereby that the respondents were aware of the impugned order at least on 22.07.2024. This fact is suppressed by the respondent Nos.3 to 6 before the respondent No.1. They have put-forth a plea that they came to know of impugned order on 31.12.2024 and accordingly, the respondent No.1 was mislead. 3.

Issue notice to the respondents, returnable on 01.08.2025. 4.

Mr. Palshikar, learned Assistant Government Pleader waives service of notice for respondent Nos.1and 2.

2 5-3455-25.odt 5.

In the meantime, there shall be stay to the order dated 24.03.2025, passed by the respondent No.1 in Revenue Appeal No. 26/LND-10/2024-25.

6.

The petitioner shall comply with practice note No.14 of the Bombay High Court Appellate Side Rules, 1960, particularly Clause (5) thereof.

(ANIL L. PANSARE, J.) MP Deshpande Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 04/07/2025 15:09:40