Rameshwar S/O Yashwanta Choudhari And ORS. v. State Of Mah., Thr. Secy., Ministry Of Revenue And Forest Dept., Mantralaya, Mumbai And ORS.

2026:BHC-NAG:5147-DB 1/3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 2581 OF 2026 Rameshwar S/o. Yashwanta Choudhari & Ors.

Vs.

The State of Maharashtra thr. its Secretary & Ors. ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, Appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr. A.J. Thakkar, Advocate for the Petitioners. Mr. S.M. Ukey, Addl. G.P. for Respondent Nos.1 to 5/State. ------------------------------- CORAM : ANIL S. KILOR AND R AJ D. WAKODE , JJ.

DATE : 01.04.2026 Heard Mr. A.J. Thakkar, learned counsel for the petitioners.

2.

The petitioners have approached this Court pointing out the delay in discharge of official duties on the part of respondent No.5 in taking steps to comply with the order dated 28.03.2025 passed by respondent No.4 - Tahsildar, Sindkhed (Raja), District Buldhana. The aforesaid order dated 28.03.2025 is at record page No.25 (Annexure-P-2). By virtue of the said order, respondent No.4 - Tahsildar directed respondent No.5 to mutate the names of the petitioners in the revenue records after verification of facts.

3.

When the petitioners approached respondent No.5 pointing out the said order, respondent No.5 directed them to obtain heirship certificate. In pursuance of the said directions, the petitioners applied to the learned Civil Judge (Junior Division), Sindkhed (Raja) for grant of such heirship certificate.

2/3 After conducting due enquiry, the learned Civil Judge (Junior Division), Sindkhed (Raja), by order dated 01.10.2025 passed in MJC No. 22/2020, allowed the application and granted heirship certificate in favour of the petitioners. The said order is at record page No.28 (Annexure-P-3).

4.

After complying with the said requirement, when the petitioners again requested respondent No.5 to carry out the mutation as directed by respondent No.4 - Tahsildar vide order dated 28.03.2025, it is the contention of the petitioners that respondent No.5 demanded illegal gratification of Rs.1,00,000/- for carrying out such mutation and further threatened that, in the event of non-compliance, he would not act upon the order of respondent No.4 - Tahsildar. 5.

In view of the above, the petitioners issued a legal notice to the respondent authorities, more particularly to respondent No.2 - District Collector, Buldhana and respondent No.3 - Sub-Divisional Officer, Tahsil Sindkhed (Raja), District Buldhana, pointing out the conduct of respondent No.5. The said legal notice is at record page No.51 (Annexure-P-4). 6.

Mr. Thakkar, learned counsel for the petitioners, submits that despite issuance of the aforesaid notice, no action has been taken by the said respondents either to carry out mutation in the names of the petitioners or to initiate any disciplinary action against respondent No.5.

3/3 7.

In view of the above, we dispose of the present writ petition with a direction to respondent No.3 - Sub-Divisional Officer, Tahsil Sindkhed (Raja), District Buldhana to look into the allegations made in the legal notice dated 03.11.2025 against respondent No.5 and to take necessary steps for implementation of the order dated 28.03.2025 passed by respondent No.4 - Tahsildar.

8.

Respondent No.3 shall also conduct due enquiry into the allegations against respondent No.5 and, if the same are found to be true, initiate appropriate disciplinary action against respondent No.5 in accordance with law.

9.

The aforesaid exercise shall be completed by respondent No.3 within a period of four weeks from the date of production of this order.

10.

The decision so taken shall be communicated to the petitioners within a period of two weeks from the date of such decision.

11.

Respondent No.3 is further directed to submit an action taken report regarding compliance of the present order within six weeks from today before the Registry of this Court. 12.

The writ petition is accordingly disposed of. No costs. (RAJ D. WAKODE, J.) (ANIL S. KILOR, J.) Vijaykumar Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 01/04/2026 20:37:14