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2021 DAILYLAW 1865 (BOM)

SHRIDHAR BABAN ROHAKALE AND OTHERS v. THE STATE OF MAHARASHTRA AND OTHERS

WP/14688/2021 · 2026-06-17

Shri Siddheshwar Sundarrao Thombre

body2021

Judgment text

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Dilwale 1 996-WP-14688-21.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 996 WRIT PETITION NO. 14688 OF 2021 Shridhar Baban Rohakale And Others VERSUS The State Of Maharashtra And Others WITH CIVIL APPLICATION NO. 11822 OF 2023 IN CIVIL APPLICATION NO.6960 OF 2023 Shridhar Baban Rohakale And Others VERSUS The State Of Maharashtra And Others ... Advocate for the Petitioner : Adv. Rani Baruka-Bora h/f Mr. Bora Satyajit S. AGP for Respondent-State: Mrs. Ashlesha S. Deshmukh Advocate for Respondent No.7 : Mr. Mitkari Umesh Gangadhar Advocate for Respondent No.8 : Mr. Adv. P. P. Jadhav ... CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 17.06.2026 PER COURT : 1. Heard the learned counsel for the respective parties. 2. By this petition, the petitioners are assailing the order 09.09.2019 passed by the learned Revenue Minister, whereby the revision preferred by respondent Nos.6 & 7 came to be allowed. 3. The learned counsel for the petitioners submits that the said revision came to be allowed without recording any reasons. While passing the impugned order, the learned Minister did not verify whether 2026:BHC-AUG:24164 Dilwale 2 996-WP-14688-21.odt due notice of measurement was served upon the petitioners or not. Therefore, he submits that impugned order is illegal and prays to allow present petition. 4. Learned counsel for the respective respondents support the impugned order and pray to dismiss the present petition. 5. I have heard the learned counsel for the respective parties and with their assistance I have gone through the order passed by the District Superintendent of Land Records. The District Superintendent of Land Records, after verifying the record, has specifically observed that the measurement was carried out behind the back of the petitioners and that no notice of measurement was served upon them. Even in the measurement record, there is a remark that the petitioners remained absent. Therefore, the measurement was admittedly carried out behind the back of the petitioners. 6. In view thereof, the District Superintendent of Land Records rightly set aside the measurement proceedings and the said order was confirmed by the Deputy Director. However, the learned Minister, without assigning any reasons, set aside the concurrent findings recorded by the authorities below. I am, therefore, inclined to partly allow the writ petition. 7. The writ petition is allowed. The order dated 09.09.2019 passed by the learned Revenue Minister is quashed and set aside. 8. Respondent Nos.6 & 7 are at liberty to file a fresh application for measurement before the competent authority. If such an application is Dilwale 3 996-WP-14688-21.odt filed, the concerned authority shall issue notice to the petitioners as well as all other interested persons and, after giving an opportunity of hearing to all concerned, shall pass an appropriate order in accordance with law. [ SIDDHESHWAR S. THOMBRE ] JUDGE