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Bombay High CourtWP/2418/2026disposedoff

Leelaram Aasudamal Arora (Since Deceased) Thr. Lrs. Rajesh Leelaram Arora And ANR. v. Dnyandeorao Motiram Kunjam (Died) Thr. Lrs. And Others

2026-03-24Hon'Ble Shri Justice Prafulla S. Khubalkar2 pages

2026:BHC-NAG:4763 1 34. WP 2418 of 2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.2418 OF 2026 LEELARAM AASUDAMAL ARORA (SINCE DECEASED) THR. LRS. RAJESH LEELARAM ARORA AND ANOTHER

VERSUS

DNYANDEORAO MOTIRAM KUNJAM (DIED) THR. LRS. AND OTHERS Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S.S. Deshpande, Advocate for Petitioners. Ms. P.T. Joshi, AGP for Respondent Nos.24 & 25-State. CORAM : PRAFULLA S. KHUBALKAR, J.

DATED : 24th MARCH 2026 1.

Heard learned Advocate for the petitioners.

2.

By this petition, the petitioners have challenged the order dated 12.04.2021, passed by respondent No.24 Sub Divisional Officer, Murtizapur, in appeal bearing No. TNC-107/M/02/2019. 3.

It is pointed out that, in fact, the petitioners have challenged the said order by way of a revision application before Maharashtra Revenue Tribunal, Nagpur bearing Revision No. TNC/Akola/6/21 and the said revision application is pending. It is submitted that notices of the Revision Application are also served upon the respondents, however, since there is no presiding officer in Maharashtra Revenue Tribunal at Nagpur, the instant petition is filed. It is stated that the charge is with the Maharashtra Revenue Tribunal at Aurangabad. It is submitted that, during pendency of the revision application, the office of Tahsildar at Murtizapur has issued a notice to

2 34. WP 2418 of 2026.odt petitioner No.1, calling upon him to remain present in the proceedings for recording mutation entries with respect to land bearing Gut No.54/1, which is subject matter of the revision. 4.

In view of the fact that the revision application filed by the petitioners is already pending before the Maharashtra Revenue Tribunal, instead of entertaining the challenge to the order passed by the Sub Divisional Officer in this petition, it is desirable that the petitioners be permitted to prosecute the Revision Application before the Maharashtra Revenue Tribunal. However, considering the fact that, during pendency of the revision application, the mutation entries are likely to be effected, it is in the interest of justice that the mutation entries need not be permitted to be effected for a certain period so that the petitioners could approach the Maharashtra Revenue Tribunal for seeking appropriate interim orders.

5.

In view of this, the writ petition is disposed of with liberty to the petitioners to file appropriate application before the Maharashtra Revenue Tribunal in the pending revision application. 6.

It is directed that for a period of three weeks from today, no mutation entries be effected with respect to the land bearing Gut No.54/1, admeasuring 2.62 H.R., situated within the municipal limits of Murtizapur, Tq. Murtizapur, Dist. Akola, which is subject matter of the Revision Application.

(PRAFULLA S. KHUBALKAR, J.) asd