Vinod Nilkanth Lunge v. Minister Of State, Maha. Thr. Home (Urban), Revenue And Gram Vikas (Rural Devpt.), Mumbai And ORS.

2026:BHC-NAG:2038 1 70-WP-6408-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.6408 OF 2025 Vinod Nilkanth Lunge Vs. Minister of State of Maharashtra 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.R. Bhise, Advocate for the Petitioner.

Mrs. P.T. Joshi, AGP for the Respondent Nos.1 to 5/State. Mr. V.B. Bhise, Advocate for Respondent Nos.7 to 10. CORAM: PRAFULLA S. KHUBALKAR, J .

DATED : 04 th FEBRUARY, 1.

Heard learned counsel for the petitioner, learned AGP for the respondent Nos.2 to 5/State and learned counsel for the respondent Nos.7 to 10.

2.

Petitioner's challenge is to the Order dated 24.07.2025 passed by the Hon'ble Minister thereby, rejecting the revision application.

3.

It is pointed out that the proceedings are with respect to the challenge to correction of mutation entries about land bearing Survey No.12 (Gat No.72) situated at Mouza : Lakhmapur, Tah. Mangrulpir, Dist. Washim. 4.

The petitioner has initially filed an application before the Tahsildar, Mangrulpir, Dist. Washim seeking correction of area of land, which was allowed by an Order dated 04.08.2008. The respondent Nos.7 to 10 challenged the said order before the Sub-Divisional Officer, Mangrulpir and the appeal was decided by the Order dated 25.06.2010 and against this order, the respondent Nos.7 to 10 filed a

2 70-WP-6408-2025.odt Second Appeal before the Additional Collector, Washim, which came to be allowed by an order dated 27.06.2011. This order was subjected to be challenge by the petitioner before the Additional Commissioner, Amravati Division, Amravati.

5.

It is pointed out that on account of the repeated absence of the petitioner before the Additional Commissioner, Amravati Division, Amravati, the revision filed by the petitioner was dismissed in default on 07.04.2015. Being aggrieved by the said order, the petitioner filed a Revision Application before the Hon'ble Minister and specifically prayed for remand of the matter to the Additional Commissioner, since, the revision before the Additional Commissioner was dismissed in default. 6.

It is also pointed out that despite the specific prayer for remand and the contentions about failure to prosecute the matter on merits, the Hon'ble Minister has passed the final order dated 24.07.2025, by which, the revision application is decided on merits. As a result, the petitioner is now deprived of an opportunity to raise grounds on merits and to prosecute the revision, which was filed before the Additional Commissioner.

7.

In view of the controversy related to correction of mutation entries of land in question, it is in the interest of justice to grant an opportunity to the petitioner to contest the appeal before the Additional Commissioner, Amravati Division, Amravati on merits. The impugned order passed by the Hon'ble Minister dealing with the contentions of the parties on merits is unsustainable since, the petitioner's contentions on merit before the Additional Commissioner

3 70-WP-6408-2025.odt were not dealt with and resultantly the findings recorded by the Hon'ble Minister are unsustainable.

8.

In view of this, the writ petition is partly allowed. The impugned order dated 24.07.2025 passed in Appeal No.2016/Pra.Kra.373/J-9 by the Hon'ble Minister is quashed and set-aside. The order dated 07.04.2015 passed by the Additional Commissioner, Amravati Division, Amravati is also quashed and set-aside. The matter is remanded to the respondent No.2-Additional Commissioner, Amravati Division, Amravati for deciding the revision application afresh after giving an opportunity of hearing to the parties concerned.

9.

However, considering the fact that the petitioner was not diligent in prosecuting the proceedings before the respondent No.2 and respondents are put to inconvenience. Petitioner is directed to pay cost of Rs.10,000/- (Rupees Ten Thousand Only) to be paid to the respondent Nos.7 to 10 herein, within a period of four weeks from today. Parties are directed to remain present before the Additional Commissioner, Amravati on 16.02.2026.

10.

Accordingly, writ petition is disposed of with no order as to costs.

(PRAFULLA S. KHUBALKAR, J . ) Privel