Rajhoji Narayan Jaybhayee And Others v. The State Of Maharashtra Through Its Principal Secretary And Others
2026:BHC-AUG:22073 1-CA.5706.2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO.5706 OF 2026 IN CIVIL APPLICATION NO._____ OF 2026 IN WRIT PETITION NO.3004 OF 2024 Rajhoji s/o. Narayan Jaybhayee and others ..Applicants Vs.
The State of Maharashtra and others ..Respondents ---- Mr.Shivprasad G. Jadhavar, Advocate for applicants Mr.S.G.Sangle, AGP for respondent nos.1 to 6 Mr.S.S.Kurundkar and Mr.Sanket Kulkarni, Advocates for respondent no.7 ---- CORAM : AJIT B. KADETHANKAR, J.
DATE : JUNE 05, 2026 (Vacation Court) ORDER :- A revision/appellate proceedings filed by the applicants/petitioners is pending before the State authorities since long. The applicants/petitioners had previously approached this court vide Writ Petition No.3004 of 2024 for substantive reliefs. However, when the matter was taken up for hearing on 13.03.2026, the applicants/petitioners made a reasonable limited prayer to direct the State authorities to decide the proceedings on its own merits within a
time frame manner and to grant at least status quo till disposal of the revision/appellate proceedings. This Court while disposing of the said Writ Petition on 13.03.2026 directed the State authorities to decide the Revision Petition pending before it, within three months. While passing such order, status quo was issued for one month. After passing of this order, the applicants/petitioners had been to the State authorities on 06.04.2026 with a request to fix a date for hearing in the proceedings and to conclude it on merit. 2.
Mr.S.G.Jadhavar, learned counsel for the applicants/petitioners submits that no hearing was concluded thereafter. The applicants/petitioners again on 08.04.2026 filed another application and requested the State authorities to take up the Revision Proceedings and the application for stay for hearing on merits. Even, that application was not heard. The same request was advanced by the applicants/petitioners to the State authorities on 16.04.2026 which was also not paid any heed by the State authorities. The applicants/petitioners, who apprehended discontinuation of status quo order, and delay in this proceedings, rushed this court vide Civil Application No.4740 of 2026 in Writ Petition No.3004 of 2024. After hearing the parties, this court passed the following order:-
4.
The Advocate for the Applicants submits that, the order of status quo be extended for a further period of two months.
5.
The Application is opposed by the learned Advocate for the other-side.
6.
Since this Court, by the above referred order, directed the State Authorities to decide the Revision within a period of three months after all concerned parties have been duly served, the Application is allowed in terms of prayer clause (B). No further prayer for extension of the status quo order would be entertained.
3.
Learned counsel for the applicants/petitioners further submits that after the order dated 28.04.2026, the applicants/petitioners again approached the State authorities on 07.05.2026 thereby requesting that the time granted by this court to decide the Revision Proceedings is soon to lapse. The applicants/petitioners thereby again requested to take up the Revision Application for hearing. Learned counsel submits that no date for hearing was fixed by the State authorities nor any order was passed on the stay application. He would submit that it is apparent that the applicants/petitioners would again loose the status quo and the proceedings would remain pending at the whims and wishes of the State authorities. By way of the present application, the
applicants/petitioners seek directions to continue the status-quo till disposal of the Revision Proceedings before the State authorities. 4.
Learned AGP for respondent nos.1 to 6 would submit that he will intimate the State authorities to comply with the directions issued by this court. He submits that in any condition, the Revision Proceedings would be decided within a period of three months. He submits that due to the unavoidable circumstances, the Revision proceedings could not be taken up for hearing by the State authorities. He would submit that if a specific date is fixed by this court, both the parties would appear before the State authorities. This suggestion is agreed by the learned counsel for the respective parties.
5.
In view of the above and to avoid further filing of Civil Applications for the same prayer, I deem it appropriate to pass the following order:-
O R D E R
(i) As per the agreed terms by the parties, they shall appear before the State authority on 02.07.2026. On that day, the State
authority shall either hear the parties on merit or fix a further date of hearing.
(ii) In any case, the State authority shall decide the Revision proceedings within a period of three months as a last chance, from the date of appearance of the parties.
(iii) Till disposal of the Revision proceedings, there shall be status-quo as regards the subject-matter mutation entry. (iv) The Civil Application stands disposed of accordingly. [AJIT B. KADETHANKAR, J.] ...........
KBP