1 of 4 901-WP.8793.2016.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 901 WRIT PETITION NO. 8793 OF 2016 SURESH DATTU PADOLE AND ANOTHER VERSUS PANDHARINATH PANDURANG PADOLE AND OTHERS ... Mr. A. Patel and Mr. V. B. Kakde h/f. Mr. Abhijeet P. Avhad, Advocate for the Petitioners. Mr. Pradeep K. Palve, Advocate for Respondent No.1. Mr. D. R. Korade, Advocate for Respondent Nos.3 to 7. ... CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 10th APRIL, 2026 P.C.:- 1. Heard learned Advocates for the respective parties. 2. By the present petition, the Petitioners challenge the order dated 14.08.2014 passed by the learned District Superintendent of Land Records, Ahmednagar in File No. Amalgamation/Appeal/S.R. No.31/2014, whereby the application for condonation of delay filed by the Petitioners came to be rejected, which was confirmed by the order dated 31.03.2016 passed by the Deputy Director of Land Records, Nashik Division, Nashik in File No. Amalgamation/Appeal/S.R. No.387/2015/Ahmednagar. 3. Mr. A. Patel and Mr. V. B. Kakde holding for Mr. Abhijeet P. Avhad, learned Advocate for the Petitioners, invited my attention to the application at page No.9 and, in particular, paragraph No.5 thereof to submit that prior to the consolidation scheme, the area of the land was Tauseef 2026:BHC-AUG:16273 2 of 4 901-WP.8793.2016.odt recorded differently and, after consolidation, there appears to be a reduction in the area, particularly in respect of Survey No.14/6 (Gat No.39/1) and Survey No.14/8 (Gat No.36). It is contended that the issue pertains only to correction of the record and that the Petitioners continue to be in possession of the property as per the pre- consolidation record. The Petitioners have filed application for correction of area before the District Superintendent of Land Records, Ahmednagar along with an application for condonation of delay, which came to be rejected. An appeal filed against the same was also rejected by Deputy Director of Land Records, Nashik. He submits that it was incumbent upon the authorities to justify as to on what basis the area came to be reduced after the consolidation scheme. 4. Per contra, Mr. Pradeep K. Palve, learned Advocate for Respondent No.1 and Mr. D. R. Korade, learned Advocate for Respondent Nos.3 to 7 support the impugned orders and pray to dismiss the present petition. 5. Upon perusal of the impugned orders, it is clear that application for correction of area came to be rejected on the ground of delay. Insofar as the aspect of delay is concerned, it is not the case that the Petitioners had prior knowledge of the altered entries. The record indicates that the change in area occurred after the consolidation scheme and, prima facie, such change appears to have been effected without the knowledge of the Petitioners. In such circumstances, the Tauseef 3 of 4 901-WP.8793.2016.odt delay in approaching the authority cannot be a ground to reject the application outright. Deduction of area unilaterally causes serious prejudice to the Petitioners and bonafide application filed by the Petitioners to inquire the same requires scrutiny by the authorities. In view of the above, the impugned orders cannot be sustained and are liable to be set aside. Hence, the following order: O R D E R (i) The writ petition is allowed. (ii) The order dated 14.08.2014 passed by the learned District Superintendent of Land Records, Ahmednagar in File No. Amalgamation/Appeal/S.R. No.31/2014 and the order dated 31.03.2016 passed by the Deputy Director of Land Records, Nashik Division, Nashik in File No. Amalgamation/Appeal/S.R. No.387/2015/ Ahmednagar are hereby quashed and set aside. (iii) The District Superintendent of Land Records, Ahmednagar is directed to reconsider the application by granting an opportunity of hearing to the Petitioners as well as the Respondents and to pass a reasoned order, particularly addressing the issue as to on what basis the area of the land came to be reduced after the consolidation scheme. (iv) After reconsideration, the District Superintendent of Land Records, Ahmednagar shall submit an appropriate proposal, if required, to the Deputy Director of Land Records, Nashik Division, Nashik. Tauseef 4 of 4 901-WP.8793.2016.odt (v) The Deputy Director of Land Records, Nashik Division, Nashik shall, upon receipt of such proposal, grant an opportunity of hearing to all concerned parties and pass appropriate orders in accordance with law. (vi) It is clarified that if any discrepancy in the recorded area is found, it shall be the duty of the concerned authority to rectify the same in accordance with law. (vii) The entire exercise shall be completed as expeditiously as possible. (SIDDHESHWAR S. THOMBRE, J.) Tauseef