Bhausaheb Rangnath Shelar v. The Sub Divisional Officer Karjat And ORS

2026:BHC-AUG:15569 P-1-wp-3894-2026.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3894 OF 2026 Bhausaheb Rangnath Shelar

VERSUS

The Sub Divisional Officer Karjat And Ors ...

Advocate for the Petitioner : Mr. More Abhijit S. AGP for Respondent/State : Mr. S.P. Joshi ...

CORAM : S. G. CHAPALGAONKAR, J.

DATED : APRIL 10, 2026 PER COURT :- 1.

Present writ petition takes exception to order dated 06.04.2026 issued by respondent no.3/Circle Officer, Kombhali, Taluka Karjat, District Ahilyanagar having Outward No.51 of 2026 issued in furtherance with directions issued by this Court in order dated 13.01.2026 passed in Writ Petition No.3497 of 2023. 2.

Mr. More, learned advocate appearing for petitioner invited attention of this Court to Clause No.5 of order dated 13.01.2026, which reads thus :

"5.

Therefore, I am inclined to modify the order passed by the learned Tahsildar. In view of that, the order passed by Tahsildar, Karjat dated 02.02.2021 is modified with a clarification that respondents no. 3 to 8 are permitted to use the pathway or wahivat as per the panchanama."

3.

Mr. More, therefore, urge that Tahsildar was expected to ensure that respondent nos.3 to 8 are permitted to use pathway or

P-1-wp-3894-2026.odt (2) wahivat as per panchnama. He would urge that inspite of aforesaid clarification, respondent/authority has issued a vague notice to remove obstruction in suit way. Eventually, there is apprehension that they would execute order as it was passed by Tahsildar granting 18 feet road.

4.

This Court finds that aforesaid apprehension of petitioner is unfounded. The impugned notice clearly shows that execution of order as modified by this Court in Writ Petition No.3497 of 2023 is undertaken and scheduled on 13.04.2026 at about 11.00 am. 5.

Needless to state here that respondent/authority to ensure that pathway is made available to respondent nos.3 to 8 in terms of order and not 18 feet road, which was granted earlier and modified by this Court.

6.

With this clarification, writ petition stands disposed of. 7.

Learned AGP to communicate this order to concerned authority.

(S.G. CHAPALGAONKAR, J.) Mujaheed//