Smt. Kalyani Sandip Suradkar v. Sub-Divisional Officer, Buldana And Others

wp4091.25.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION No.4091 OF 2025 (Smt. Kalyani Sandip Suradkar Vs.Sub-Divisional Officer, Buldana and others ) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr.Anup S.Dhore, Advocate a/w Mr. Yash Bangale, Advocate for petitioner.

Ms.Kavita H.Bhondge AGP for respondent nos.1 and 2. CORAM : PRAFULLA S. KHUBALKAR, J.

DATE : 1 st August, 2025.

1.

Heard Mr.Anup Dhore, learned counsel for the petitioner.

2.

The petitioner's challenge is to the order dated 11.6.2025 passed by the respondent no.1-Sub Divisional Officer, Buldhana, allowing the appeal filed by the respondent no.4, thereby confirming the mutation in his favour, which was although rejected by the Circle Officer. The primary contention of the petitioner is that the respondent no.1 has passed the impugned order by pre-poning the date of the appeal behind back of the petitioner although the petitioner/appellant was contesting the appeal on merits.

3.

The learned counsel for the petitioner points out on the basis of the order-sheet of the proceedings of the appeal that the appeal was fixed for hearing on 5th June, 2025, however, at the instance of the respondents and without any notice to the appellant the date was preponed and the matter was heard for final hearing on 28th May, 2025, on which date the appellant

wp4091.25.odt 2/2 herein petitioner is marked absent and thus, he lost an opportunity to make his submissions. He, therefore, submits that the impugned order is grossly in violation of the principles of natural justice and unsustainable in law.

4.

Keeping open the issue of an alternate remedy, issue notice to the respondents, returnable after three weeks. 5.

The learned AGP waives notice on behalf of the respondent nos.1 and 2.

6.

In the meantime, interim relief in terms of prayer clause (3) shall operate, which is reproduced below: "Stay the effect and operation of the impugned order dated 11.6.2025 at Annexure-B passed by the respondent No.1/Sub Divisional Officer, Buldana in Revenue Case No.RTS-64/Berala/19/2023-24.

(PRAFULLA S. KHUBALKAR, J.) Mukund Ambulkar Signed by: Ambulkar (MLA) Designation: PS To Honourable Judge Date: 01/08/2025 19:42:12