1 1-wp-7764-2013.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 7764 OF 2013 Dhanraj Dhananjay Dattu Datal And Others VERSUS Anant Madhavrao Shinde And Others ... Advocate for the Petitioners : Mr. B.N. Patil AGP for Respondent/State : Mr. D.B. Bhange Advocate for Respondent Nos.1 & 3 : Ms. G.N. Chincholkar ... CORAM : ROHIT W. JOSHI, J. DATED : AUGUST 31, 2026 P.C.: 1. Present petition is filed in order to assail the judgment and order dated 22.11.2012 passed by Sub-Divisional Officer, Latur, thereby staying proceedings in appeal bearing No.2011/ROR/A/128. 2. The petitioners have preferred the said appeal in order to challenge order dated 22.08.2011 passed by the Tahsildar, Latur under Section 143(4) of the Maharashtra Land Revenue Code, 1966. The Sub-Divisional Officer has granted stay to the proceedings in appeal on the ground that one Baswant Manohar Shinde and five others have preferred a suit being Regular Civil Suit No.538 of 2012 in order to challenge the order dated 22.08.2011 passed by the Tahsildar. The Sub-Divisional Officer has recorded that since substantive civil suit was pending before the competent Civil Court in order to assail same order, it would be expedient to stay further proceedings in appeal filed by the present petitioners assailing the same order. Since then, the suit has Mujaheed// 2026:BHC-AUG:39535 2 1-wp-7764-2013.odt been dismissed. Apart from this, the plaintiffs in civil suit and appellants in appeal before the Sub-Divisional Officer are different individuals. 3. Learned advocate for the petitioners also draws attention to the order passed by the Tahsildar, which is impugned in the appeal as also in the civil suit to demonstrate that plaintiffs in said civil suit have filed affidavit supporting the contention of respondents, who were seeking orders for grant of way under Section 143(1) of the Maharashtra Land Revenue Code, 1966. 4. Since the appellants in appeal before the Sub-Divisional Officer and plaintiffs in civil suit are different individuals, the civil suit is already decided on merit and there is a allegation as regards collusion between plaintiffs in civil suit and defendants therein, it will be expedient to quash and set aside order dated 22.11.2012 passed by the Sub-Divisional Officer in Appeal No. 2011/ROR/A/128 and direct the Sub-Divisional Officer to decide the appeal on merits in accordance with law. 5. Writ Petition is disposed of by quashing and setting aside order dated 22.11.2012 by directing the Sub-Divisional Officer to decide the appeal, as expeditiously as possible and in any case before 31.03.2027. [ROHIT W. JOSHI J.] Mujaheed//