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2025 DAILYLAW 30616 (BOM)

PARWATABAI MANGA PANPATIL SINCE DECEASED THROUGH LRS TUKARAM MANGA PANPATIL AND OTHERS v. THE STATE OF MAHARASHTRA THROGUH THE SECRETARY AND OTHERS

WP/11841/2022 · 2025-04-09

Shri R M Joshi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

4.11841.2022.wp IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 11841 OF 2022 Parwatabai Manga Panpatil Since Deceased Through LRs Tukaram Manga Panpatil And Others Versus The State Of Maharashtra Through The Secretary And Others ... Mr. M. P. Kulkarni h/f. Mr. A. S. Sawant, Advocate for the Petitioners Mr. N. D. Raje, AGP for Respondent Nos. 1 to 3 Mr. S. S. Pidgewar, Advocate for Respondent No. 4 ... CORAM : ROHIT W. JOSHI, J. DATE : JULY 21, 2025 O R D E R : 1. The present petition is disposed of on merits vide judgment and order dated 09.04.2025. However, in view of certain discrepancies in the record with respect to the spot panchnama, the Tahsildar was called upon to furnish explanation by filing affidavit. In view of the said order dated 09.04.2025, Tahsildar has filed affidavit dated 08.07.2025. It is stated that as recorded in the order-sheet of the proceeding, the Tahsildar had personally visited the spot on 24.05.2021. She has stated in the affidavit that due to commotion and quarrel between the two groups, a written panchnama could not be drawn, although the spot was visited by her on the said date. To support this contention, she has filed relevant extract of log-book along with the affidavit. As regards the spot inspection report dated 25.08.2021, she has stated that this date is mentioned in the operative order due to inadvertence. komal kamble page 1 of 2 4.11841.2022.wp 2. The explanation offered appears to be probable. There is no need for taking further action against Tahsildar. This order is passed only to hold that there is no need to take action for perjury against the Tahsildar. In the litigation between the parties, it will be open for the Courts to decide the same uninfluenced by the present order, since civil cases are to be decided on preponderance of probabilities, and for perjury evidence should be appreciated on principles followed in criminal cases. [ROHIT W. JOSHI, J.] komal kamble page 2 of 2