Dhananjay Bhimrao Bange And Another v. The State Of Maharashtra Through Its Secretary Revenue And Forest Department And Others

2026:BHC-AUG:22050 ( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 920 WRIT PETITION NO. 5484 OF 2026 DHANANJAY BHIMRAO BANGE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY REVENUE AND FOREST DEPARTMENT AND OTHERS ...

Mr. S. A. Deshmukh, Advocate for the Petitioners Mr. V. V. Jahagirdar, AGP for Respondent/s - State ...

CORAM

: AJIT B. KADETHANKAR, J.

(VACATION COURT) DATE : 02.06.2026 PER COURT :- 1.

Mr. Deshmukh, learned Advocate at the outset submits that the petitioner has already filed an appeal before the Maharashtra Revenue Tribunal, Bench at Aurangabad, under Section 315 of the Maharashtra Land Revenue Code read with Section 11 of the Hyderabad Atiyat Inquiries Act, 1952, challenging the subject matter notice dated 25.05.2026 which is impugned in the present writ petition. He further submits that due to the summer vacation, the Tribunal is not functional and there is no authority available to pass any order in the appeal preferred by the petitioner. He would submit that vide the impugned communication dated 25.05.2026, the

( 2 ) Tahsildar, Jalna has declared an auction for harvesting rights on a yearly basis in respect of the subject matter land. He submits that the auction is scheduled for tomorrow, i.e. 03.06.2026. Mr. Deshmukh, learned Advocate further submits that if the said communication dated 25.05.2026 impugned in the writ petition is allowed to be acted upon, the appeal filed by the petitioner before the Tribunal, as also the present writ petition shall become infructuous. 2.

Mr. Jahagirdar, learned AGP would fairly agree that due to the summer vacation, the Maharashtra Revenue Tribunal, Bench at Aurangabad, is not functional. Mr. Deshmukh, learned Advocate further submits that the petitioner intends to prosecute his appeal before the Tribunal and would not press this petition if, for a limited period, the respondent authorities are directed not to act upon the impugned notice dated 25.05.2026. It is evident that the petitioner has already undertaken the appropriate remedy to challenge the impugned notice dated 25.05.2026 by filing an appeal before the Maharashtra Revenue Tribunal, Bench at Aurangabad. It is informed that, due to the summer vacation, the Tribunal shall not function till 08.06.2026. It is also true that the appeal of the petitioner needs to be decided on its own merits. In view of this, leave is granted to the petitioner to withdraw the petition with liberty to prosecute the appeal before the Maharashtra Revenue

( 3 ) Tribunal, Bench at Aurangabad. Till 15.06.2026, the Tahsildar, Jalna shall not act upon the impugned public notice/notification dated 25.05.2026 proposing to conduct an auction for harvesting rights on a yearly basis in respect of the subject-matter land bearing Survey/Gat No.1, Village Khanepuri, Taluka and District Jalna. Needless to mention, the Maharashtra Revenue Tribunal, Bench at Aurangabad is requested to decide the appeal of the petitioner and the application, if any, filed therein, on its own merits and in accordance with law. 3.

The Writ Petition stands disposed of as withdrawn. [AJIT B. KADETHANKAR, J.] PRW