Uttam Sahebrao Solanke v. The State Of Maharashtra Through Its Secretary And Others

2026:BHC-AUG:7813 (1) 20-wp-1470-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1470 OF 2026 UTTAM SAHEBRAO SOLANKE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Mr. Shankat Avinash Mallaya, Advocate for the Petitioner. Mr. S. A. Gaikwad, AGP for Respondents-State. ...

CORAM : S. G. CHAPALGAONKAR, J.

DATED : 23rd FEBRUARY, 2026.

P.C.:- 1.

The petitioner takes exception to order dated 20.01.2026 passed by Sub Divisional Officer, Hingoli, whereby petitioner's application for stay to order dated 25.06.2025 passed by Tahsildar, Hingoli under Section 48 (7) of Maharashtra Land Revenue Code (for short 'MLR Code') has been rejected.

2.

Mr. Mallaya, learned Advocate appearing for petitioner submits that petitioner was not served with Tahsildar's order dated 25.06.2025. Even petitioner was not heard by Tahsildar before passing order. The petitioner after getting knowledge of aforesaid order, filed Appeal before Sub Divisional Officer, Hingoli under Section 247 of MLR Code alongwith application for grant of stay. However, by impugned order petitioner's application for stay has been rejected.

3.

It appears that, petitioner has filed statutory Appeal before Sub Divisional Officer at Hingoli assailing order of Tahsildar. In

(2) 20-wp-1470-2026.odt this backdrop, Authorities are not expected to proceed further and execute order of Tahsildar by auctioning petitioner's property. 4.

In that view of matter, present Writ Petition is partly allowed.

5.

The Sub Divisional Officer, Hingoli shall decide petitioner's pending Appeal on its own merit within period of eight weeks from today.

6.

Till then, no coercive steps shall be taken against petitioner in pursuance to order dated 25.06.2025 passed by Tahsildar. (S. G. CHAPALGAONKAR) JUDGE Devendra/February-2026