( 1 ) 926 WP 3852 OF 2023 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 926 WRIT PETITION NO. 3852 OF 2023 NANDLAL GANGARAM AHIR DIED THROUGH LRS PANDHRINATH NANDLAL AHIR AND OTHERS VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ... Mr. C. D. Biradar, Advocate for the Petitioners Mr. R. K. Ingole, AGP for Respondent Nos.1 to 4 – state Mr. S. T. Salve, Advocate for Respondent No.7 … CORAM : AJIT B. KADETHANKAR, J. DATE : 02.09.2026 PER COURT :- . Heard. 2. The petitioners have filed this writ petition with substantive prayer clause “B” which reads thus : “By way of appropriate Writ, order or direction in the nature of Writ of Mandamus, may it kindly be directed to respondent no. 3,4 and 5 to execute and implement the Judgment and Order dated 01.08.2018 passed by Ld. Tahsildar, Aurangabad in file no. 2017/LR/TNC/Kavi-03 and as per the Ownership Certificate granted by Tribunal, Aurangabad on 26.01.1965 under section 38-G in respect of land Sy. No. 137 (Gut No 304/117) adm. 13 A.07 G situated at Village Jatwada, Tq. and Dist. Aurangabad and record the name of L.Rs. of Nandlal s/o Gangalal Ahir i.e. present petitioners in 7/12 extract as owner and as per the representation dated 15.11.2019, 20.11.2013 and 15.02.2022 to the respondent no.3,4 and 5 for execution 2026:BHC-AUG:40224 ( 2 ) 926 WP 3852 OF 2023 and implementation of Judgment and Order dated 01.08.2018 passed by Ld. Tahsildar, Aurangabad in file no. 2017/LR/TEN./Kavi.03 of petitioners.” 3. In short, it is the case of the petitioners that to the extent of land admeasuring 13 Acres 07 Gunthas situated at Survey No.137 Village Jatwada Tq. and Dist. Chhatrapati Sambhajinagar a declaration under Section 38-G of the Hyderabad Tenancy and Agricultural Lands Act, 1950 was granted pursuant to the grant of the Ownership Certificate. Proceedings were thereafter initiated before the Tahsildar for recording mutation. The Tahsildar conducted an enquiry between the petitioners and the original owners i.e. present respondent Nos.6 and 7. After hearing the parties, the application came to be allowed vide order dated 01.08.2018. Directions were given to the concerned Talathi to mutate the names of the petitioners in respect of the land bearing Survey No.137 (Gat No.304/117), to the extent of 13 Acres 07 Gunthas, pursuant to the Ownership Certificate referred to above. 4. Since the Talathi has not acted upon the said order, the petitioners have approached this Court. During the proceedings, it is brought to my notice that respondent Nos.6 and 7 approached the Deputy Collector, Chhatrapati Sambhajinagar under Section 90 of the Act of 1950. The said proceedings were delayed proceedings. Vide order dated 30.06.2025, the authority i.e. ( 3 ) 926 WP 3852 OF 2023 Deputy Collector was pleased to reject the said application. It is observed that the said order shall be subject to the decision in Writ Petition No.3852 of 2023 i.e. the present Writ Petition. 5. There is nothing on record before me to show that the order dated 01.08.2018 has been set aside or cancelled by any authority. Although reply affidavit is filed by respondent No.7 to oppose the Writ Petition, he has also admitted before this Court that the said order dated 01.08.2018 still holds the field. In view of this, unless and until the order dated 01.08.2018 is recalled, cancelled or set aside by an appropriate legal mode, the concerned Talathi is bound to implement the said order. 6. In view of this, the Writ Petition stands disposed of with a direction to respondent No.5 to implement the order dated 01.08.2018 passed by the Tahsildar within a period of two weeks from today. If any challenge is raised to the order dated 01.08.2018, the said challenge shall be dealt with by the concerned authority on its own merits and subject to the provisions of law. The said authority shall also take into consideration that the application for condonation of delay in the proceedings under Section 90 of the Act of 1950 has also been dismissed by the Deputy Collector. ( 4 ) 926 WP 3852 OF 2023 7. With this, the Writ Petition stands disposed of. 8. Compliance of the order shall be filed before the learned Registrar (Judicial) of this Court within two weeks from today and placed before this Court. [AJIT B. KADETHANKAR, J.] PRW