ABDUL KHADAR SHAIKH AMIR v. THE STATE OF MAHARASHTRA THROUGH PRINCIPAL SECRETARY REVENUE AND FOREST DEPARTMENT
WP/15756/2023 · 2026-08-21
body2023
DailyLaw.ai
[ 2023 DAILYLAW 2890 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2023 DAILYLAW 2890 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 939-wp-15756-2023 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 15756 OF 2023 Abdul Khadar Shaikh Amir VERSUS The State Of Maharashtra Through Principal Secretary Revenue And Forest Department ... Mr. N. K. Tungar, Advocate for the Petitioner Mr. K. B. Jadhavar, AGP for Respondents-State Mr. A. A. Yadkikar, Advocate for Respondent no.3 ….. CORAM : AJIT B. KADETHANKAR, J.
DATED : 21ST AUGUST, 2026 P.C. :- . An application under Section 47A of the Maharashtra Tenancy and Agricultural Lands Act, 1948 was filed by the petitioner before the Deputy Collector in respect of land admeasuring 10H located at gut no.651 Pedgaon and land admeasuring 2H located at gut no.08 of village Gavha, Tahsil and District Parbhani. The said application was merely closed down by the Deputy Collector vide intimation dated 26.04.2023 giving reference to an order dated 20.01.2023 passed by this Court in Writ Petition No.11708 of 2018. 2. Feeling aggrieved thereby, the petitioner is before this Court. 2026:BHC-AUG:38207
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3. This Court after hearing the learned Advocates for the petitioner and respondents, prima facie opined that the application seems to be a premature one. Probably the order referred above was passed in the light of the orders passed in Suo Moto Public Interest Litigation No.3 of 2020 by the Hon’ble Supreme Court. It appears that the extension enjoyed by the respondent came to an end pursuant to the order passed in the year 2023. 4. In view of this, Mr. N. K. Tungar, learned Advocate for the petitioner submits that he will file a fresh application bringing on record the subsequent developments and would also convince the Authority that the circumstances referred to in the impugned order no longer survive in the light of the subsequent developments and passage of time. Thus, he seeks leave to withdraw the petition with liberty to file such application. 5. Leave granted. Writ Petition stands disposed of as withdrawn. The petitioner is at liberty to file fresh application seeking the same relief as was sought earlier by bringing on record the subsequent developments in facts. 3 939-wp-15756-2023
6. If such application is filed, the Authority shall consider the same on its own merits and in the light of the subsequent developments. If necessary, an opportunity of hearing shall be afforded to the concerned parties. 7.
Let this exercise be completed within a period of three months from the date of appearance of both the parties before the concerned Authority. ( AJIT B. KADETHANKAR, J. ) Rushikesh/2026