935-WP-7917-2016.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 935 WRIT PETITION NO. 7917 OF 2016 Bhaurao Apparao Kolhe And Others VERSUS Anandrao Tukaram Kolhe And Others ... Mr. Amit Mukhedkar a/w Amol A Kokad Advocate for the Petitioners. Mr. R. B. Narwade Patil for Respondent Nos.1 to 3. Mr. A. D. Wange, AGP for State. ... CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 12 JUNE 2026 P. C.: 1. Heard learned counsel for the respective parties. 2. By the present Petition, the Petitioners are assailing the order dated 6th June 2016, passed by SDO Hadgaon, Dist. Nanded whereby the Appeal filed by the Petitioners came to be dismissed and the order dated 15th June 2015 passed by Tehsildar, Hadgaon came to be confirmed. 3. Mr. Mukhedkar, learned counsel for the Petitioners invited my attention to the panchanama prepared by the Naib Tehsildar on 20th February 2015. In fact under the Mamlatdars’ Courts Act, 1906, it is the Tehsildar who is competent to visit the site and prepare the report of inspection. 4. Therefore, without going into the merits of the matter, only on the ground that the Tehsildar has not carried out the panchanama, I am inclined Shubham 2026:BHC-AUG:23714 935-WP-7917-2016.doc to partly allow the present Petition thereby setting aside the order passed by the Tehsildar and the Sub Divisional Officer, Hadgaon and remanding the matter to Tehsildar, Hadgaon. 5. In view of the above, the Writ Petition is partly allowed. The order dated 6th June 2016, passed by SDO, Hadgaon and the order dated 15th June 2015, passed by Tehsildar, Hadgaon are quashed and set aside. The matter is remanded to Tehsildar, Hadgaon for fresh consideration with a direction that Tehsildar shall visit the site personally and prepare the panchnama and after giving an opportunity of hearing to all the parties pass a reasoned order within a period of four months from today. [SIDDHESHWAR S. THOMBRE, J.] Shubham