Minabai Ramrao Deshmukh And ANR v. The Additional Divisional Commissioner Aurangabad And ORS

2026:BHC-AUG:14719 947-WP-3667-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3667 OF 2026 Minabai Ramrao Deshmukh And Anr

VERSUS

The Additional Divisional Commissioner Aurangabad And Ors ...

Mr. Prakash Gaikwad, Advocate for the Petitioners Mr. S. N. Kendre, AGP for Respondents/State Mr. A. A. Khande, Advocate for Respondent Nos. 5 to 7 *** CORAM : S. G. CHAPALGAONKAR, J DATE : APRIL 07, 2026 PC :

1.

Heard learned Advocates appearing for respective parties. 2.

The Petitioners takes exception to order dated 29.12.2023 passed by Divisional Commissioner, Chhatrapati Sambhajinagar in Revision Application No. 2025/ROR/REV/CR-429. Admittedly, Revision Application is pending before Divisional Commissioner for consideration. It is informed that now it was posted on 12.05.2026. However, Application of Petitioners seeking stay to the order impugned before Sub-Divisional Officer came to be rejected. 3.

The learned Advocate appearing for Petitioners submits that if order passed by Tahsildar as confirmed by Sub-Divisional Officer under Section 143 of the Maharashtra Land Revenue Code is executed, his Revision Application render infructuous.

947-WP-3667-2026.odt 4.

Per contra, learned Advocate appearing for Respondents submits that there are standing crops in his field and there is no alternate road for harvesting and transportation of standing crops. At this stage, Mr. Khande, learned Advocate appearing for Respondents submits that Respondents would make an application on 10.04.2026 to Tahsildar for grant of limited access.

5.

Considering rival submissions, following order is passed:

ORDER

(a) The Writ Petition stands disposed of with direction to Divisional Commissioner, Chhatrapati Sambhajinagar to decide pending Revision Application expeditiously and in any case, within a period of six weeks from today. (b) Meanwhile, there shall be ad-interim relief in terms of prayer clause 'C'.

(c) However, private Respondents shall be at liberty to make an application to Tahsildar for granting limited access by way of interim arrangement for purpose of harvesting or transportation of standing crops. In case such application is made, Respondents be given limited access for use for period of two weeks as per dates prescribed in application.

(d) Parties to appear before Tahsildar on 15.04.2026 and Tahsildar shall hear parties on same day and pass order. (S. G. CHAPALGAONKAR, J.) Umesh