74 WP No.11271.2021 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 11271 OF 2021 LAXIMEN BHAUSAHEB PUREKAR VERSUS THE STATE OF MAHARASHTRA AND OTHERS ... Advocate for the Petitioner : Mr. Ganesh J. Kore AGP for Respondents-State : Ms. D. S. Jape Advocate for Respondent No. 4 : Mr. A. T. Jadhavar ... CORAM : SIDDHESHWAR S. THOMBRE, J. Date : 4th March, 2026 PER COURT :- 1. Heard the learned counsel for petitioner as well as respondents. 2. The petitioner is aggrieved by the order dated 25.08.2021 passed in Revision No. 2021/ROR/CR/-38 by the learned Sub- Divisional Officer, Kallam thereby confirming the order dated 13.08.2020 passed by the Tahsildar, Kallam. 3. After hearing the learned counsel for respective sides and upon perusing the panchnama (at page 32-A) and the subsequent order passed by the Tahsildar, it is evident that the inspection was conducted 2026:BHC-AUG:9998 74 WP No.11271.2021 -2- in the absence of the petitioner. By effecting the panchnama behind the back of the aggrieved party, the Authority acted in direct contravention of the statutory provisions of the Mamlatdar’s Courts Act, 1906. Such a lapse renders the primary evidence of the case legally unsustainable. 4. In that view of the matter, I find that the failure to ensure the petitioners' presence during the spot inspection constitutes a fundamental breach of the principles of natural justice. The right to be heard and to be present during the collection of evidence is a core legal protection. On this ground alone, and without going into the merits of the case, I am inclined to allow the petition. 5. In light of the aforementioned procedural illegality, the writ petition is allowed. The order dated 25.08.2021 passed in Revision No. 2021/ROR/CR/-38 by the learned Sub-Divisional Officer, Kallam, is hereby quashed and set aside. 6. The Tahsildar is directed to provide a fair opportunity of hearing to all parties, issue notices to other interested persons and pass a fresh order in accordance with the law within a period of three months from today. 74 WP No.11271.2021 -3- 7. Pending civil applications, if any, also stand disposed of. (SIDDHESHWAR S. THOMBRE, J.) Omkar Joshi