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Bombay High CourtIA/12753/2025disposed off

Vishwanath Sahadu Wakhare And ORS v. The State Of Maharashtra And ORS

2025-11-03Hon'Ble Shri Justice Sandeep V. Marne2 pages

k 1/2 31 ia 12753.25 in wp as.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.12753 OF 2025 IN WRIT PETITION NO.2678 OF 2021 Vishwanath Sahadu Wakhare & Ors.

....Applicants

IN THE MATTER BETWEEN

Vishwanath Sahadu Wakhare & Ors.

....Petitioners V/S The State of Maharashtra & Ors.

....Respondents _________ Mr. Abhijit P. Kulkarni for the Applicants/Petitioners. Ms. Snehal S. Jadhav, AGP for Respondent No.1/State. Ms. Deepashikha Godbole, (through video conferencing) with Mr. Prithviraj Kharat for Respondent No.2.

__________ CORAM : SANDEEP V. MARNE, J.

DATE : 3 NOVEMBER 2025.

P.C.:

1.

Ms. Godbole, the learned counsel appearing for Respondent No.2 submits that copy of Interim Application has not been served on her. The learned counsel for the Applicants to do the needful within a week's time. 2.

Prima facie, the order dated 4 September 2025 passed by the Tahsildar appears to be in the teeth of order dated 19 January 2024 passed by this Court in the main Petition. This Court has already stayed the order passed by the Hon'ble Minister (Revenue) dated 11 December 2020. In that view of the matter, the Tahsildar could not have overstepped his jurisdiction and proceeded to mutate names of legal heirs of the katkam Page No.

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k 2/2 31 ia 12753.25 in wp as.doc original vendors. In that view of the matter, the order dated 4 September 2025 passed by the Tahsildar shall remain stayed till the next date of hearing.

3.

List the Interim Application on 19 November 2025. 4.

Parties are put to notice subject to availability of time an endeavour shall be made to decide the Petition finally on the next date of hearing. (SANDEEP V. MARNE, J.) by SUDARSHAN RAJALINGAM KATKAM Date:

2025.11.04 19:40:32 +0530 SUDARSHAN RAJALINGAM KATKAM katkam Page No.

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