(1) 23-wp-8121-2025.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8121 OF 2025 ISHARAT IMAM SHAIKH VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ... Mr. N. B. Khandare, Senior Advocate i/by Mr. Vikram Sahebrao Kadam, Advocate for the Petitioner. Mr. K. S. Patil, AGP for Respondents-State. … CORAM : S. G. CHAPALGAONKAR, J. DATED : 07th JULY, 2025. P.C.:- 1. The present petition takes exception to notice dated 03.07.2025 issued by respondent no.2, thereby preponing date of hearing in RTS Appeal No.475/2025. 2. Mr. Khandare, learned Senior Advocate appearing for petitioner invites attention of this Court to order dated 25.06.2025, wherein learned Additional Divisional Commissioner after making, prima facie, observations that execution proceeding is going on without carrying necessary measurement to identify the property, granted ad-interim relief and posted matter for further hearing on 06.08.2025. Mr. Khandare further submits that abruptly notice dated 03.07.2025 has been served upon petitioner, wherein hearing date is preponed to 07.07.2025. There is no justification for such abrupt action. Once while grating ad-interim relief, hearing of 2025:BHC-AUG:17337 (2) 23-wp-8121-2025.odt Appeal is fixed on 06.08.2025, there cannot be reason to prepone hearing, thereby causing prejudice to petitioner. 3. It appears that, proceeding before Additional Divisional Commissioner is arising out of execution of partition decree, which has been confirmed upto Apex Court. It appears that, Miscellaneous Application No.74/2025 filed by petitioner seeking modification to delete Survey No.46/2 is pending before Supreme Court, wherein notice is issued and it is informed to this Court that dispute as to the Survey No.46/2 is now under reconsideration. 4. Having considered submissions advanced, this Court do not find much merit in contentions of petitioner. However, fact remains that petitioner must be given sufficient opportunity of being heard and put up his case in pending Appeal before Additional Divisional Commissioner. It can be observed that learned Additional Divisional Commissioner had fixed date of hearing on 06.08.2025, which is abruptly preponed for which no reasons can be culled out atleast from the impugned notice. 5. In this background, Writ Petition stands disposed of with request to learned Additional Divisional Commissioner, Nashik to grant two weeks time to petitioner to enable him to submit written (3) 23-wp-8121-2025.odt notes of argument in addition to personal hearing before taking final decision in Appeal. 6. The learned AGP to communicate this order to learned Additional Divisional Commissioner, Nashik. 7. Parties to act on authenticate copy of this order. (S. G. CHAPALGAONKAR) JUDGE Devendra/July-2025