Sanghpal S/O Bhimrao Gawai v. The Divisional Commissioner, Amravati Division, Amravati And Others

1 / 2 22.wp5645.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5645 OF 2025 Sanghpal s/o Bhimrao Gawai Vs.

The Divisional Commissioner, Amravati and Ors. ------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------- Mr. Vikky S. Gokhale, Advocate h/f Mr. R.J. Shinde, Advocate for petitioner.

Mr. A.S. Fulzele, AGP for respondent Nos.1 & 2/State. CORAM : PRAFULLA S. KHUBALKAR, J.

DATE : 09.03.2026 Heard learned counsel for the petitioner as well as learned AGP for respondent Nos.1 & 2/State. 2.

By this petition, the petitioner has challenged the interim order dated 08.05.2025 passed by the respondent No.1 - Divisional Commissioner, Amravati rejecting stay to the order dated 11.04.2025 passed by the Collector, Akola, which is impugned in the said appeal. 3.

It has to be noted that the Additional Commissioner has recorded reasons while passing the impugned order that the petitioner has failed to show any document of title and in absence of any document to show that there is no encroachment on government land, the Prity

2 / 2 22.wp5645.2025 application for stay is rejected. Pertinent to note that the main Revision Application is still pending consideration and the further contentions of the petitioner about absence of encroachment on government land could be considered in the pending revision application before the Additional Commissioner.

4.

Having regard to the limited controversy being a challenge to the interim order passed by the Additional Commissioner, it is desirable that the Divisional Commissioner is directed to decide the revision application expeditiously.

5.

Hence, the writ petition is not entertained.

The writ petition is disposed of with a direction to the respondent No.1 - Divisional Commissioner, Amravati to decide the Revision Application expeditiously. All contentions on merits are kept open. Accordingly, writ petition is disposed of. No order as to costs. (Prafulla S. Khubalkar, J.) Signed by: Mrs. Prity Gabhane Designation: PA To Honourable Judge Date: 10/03/2026 10:50:31 Prity