Mazhar Khan Safdar Khan v. The Additional Collector, Amravati And ORS.

1 wp 187.26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No.187/2026 Mazhar Khan V Additional Collector, Amravati and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------ - - - - - - - - - - - - - - - - - - - - - - - - ------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------------------- Mr. S.M. Vaishnav, Advocate for petitioner.

Mr. N.A. Gawande, Advocate for resp. no.3.

Mrs. Prabhu, AGP for resp. no.1.

CORAM : PRAFULLA S. KHUBALKAR , J .

DATE : 09-01-2026.

Heard learned Counsel for the petitioner.

2.

Petitioner's challenge is to order dated 01-01-2026 passed by respondent no.1-Additional Collector, Amravati, in the proceedings initiated by respondent nos.3 and 4 by invoking Section 14(1)(j-1) of the Maharashtra Village Panchayats Act (for short, the said Act'). 3.

Learned Counsel for the petitioner submits that the petitioner has filed an application for dismissal of the proceedings by pointing out that the controversy involved in the said proceedings was already decided by the competent authority by order dated 28-01-2008 and as such the fresh proceedings are not maintainable. It is submitted that on this application respondent no.1 has passed a cryptic order without at all discussing the contentions canvassed on behalf of the petitioner and by only observing that after perusal of the objection and the documents, the objection/application deserves to be rejected. 4.

Perusal of the documents on record shows that earlier the Additional Collector has passed an elaborate order dated 28-01-2008 with respect to proceedings under Section 14 (1)(j-1) of the Act, which ought

2 wp 187.26.odt to have been considered while considering the application for dismissal filed by the petitioner. The impugned order which is one line order, without any reasons and cryptic and hence liable to be set aside on this count alone.

5.

Although, learned Counsel for respondent nos.3 and 4 opposed the petition and submitted that the petitioner has suppressed the relevant facts while obtaining earlier orders, it has to be seen that the impugned order deserves to be quashed and set aside on the sole ground of being non speaking and unreasoned. Hence, only on this count the impugned order dated 01-01-2026 passed by respondent no.1 is quashed and set aside. The matter is remitted to respondent no.1 for considering the application for dismissal filed by the petitioner afresh after affording an opportunity of hearing to all the parties concerned. 6.

Writ petition is accordingly disposed of. No order as to costs. (Prafulla S. Khubalkar , J.

) Deshmukh Signed by: Mr. S.Deshmukh Designation: PS To Honourable Judge Date: 13/01/2026 10:10:29