Jagdish S/O Ghisaram Samota And Others v. The Collector, Buldhana And Others

2025:BHC-NAG:7996-DB wp4401.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.4401/2025 (Jagdish S/o Ghisaram Samota and others Vs. The Collector, Buldhana and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. J.B. Gandhi, Advocate for the petitioners. Mr. H.D. Marathe, A.G.P. for respondent No.1. Mr. Vipul Bhise, Advocate for respondent No.4. CORAM: ANIL S. KILOR & MRS.VRUSHALI V. JOSHI, JJ. DATED: 13.8.2025.

Heard.

2.

In the present petition a challenge is raised to the guidelines issued by respondent No.1 dated 3.7.2024, more particularly, clause (3) to implement the order passed under Section 18(2) of the Maharashtra Money Lending Act, 2014 within a period of 2 days. Whereas, the appeal period provided under said Statute is of 30 days. 3.

The another grievance raised is about order dated 17.7.2025 passed by the respondent No.3 which was the subject matter of challenge in the Appeal No.8/2015 which came to be decided on 6.8.2025 against the petitioners and a revision petition against the same is pending.

4.

It is the case of the petitioners that because of such guidelines, the respondents acted promptly and handed over the possession of the land in dispute to respondent No.4 without giving even time as provided under the Statute to prefer revision. The petitioners are mainly concerned with the crops pending in field in question and their anxiety is that the respondent No.4 shall not destroy or damage said crops.

wp4401.2025.odt 5.

The learned Advocate for the respondent No.4, on instructions, makes a statement that the respondent No.4 undertakes not to destroy or damage the crops standing in the field in question. 6.

In that view of the matter, we are of the opinion that this petition can be disposed of with liberty to the petitioners to raise a challenge to the guidelines separately by filing a substantive petition and further directing the Registrar General, Pune to decide the revision preferred by the petitioners within a stipulated period. Accordingly, we pass the following order:- (i) Writ petition is disposed of.

(ii) Registrar General, Pune is directed to decide the revision application preferred by the petitioners within a period of two months from the date of appearance of petitioners, after hearing the parties, in accordance with law. The parties shall appear before the Registrar General, Pune on 20.8.2025 at 11 a.m.

(iii) The undertaking given by the respondent No.4 that he will not damage crops standing in the land in question is accepted. (iv) The petitioners are at liberty to harvest crops at any time without disturbing the possession of respondent No.4. (v) The petitioners are at liberty to file a substantive petition raising a challenge to the guidelines issued by the respondent No.1 dated 3.7.2024.

(MRS.VRUSHALI V.JOSHI, J.) (ANIL S. KILOR, J.) Tambaskar.

Signed by: MR. N.V. TAMBASKAR Designation: PS To Honourable Judge Date: 14/08/2025 17:00:20