988-wp-12466-2022 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.12466 OF 2022 1. Sambhaji s/o Baliram Shinde, Age:- 69 years, Occ. Pensioner, R/o Dhutta, Osmanabad, Tq. & Dist. Osmanabad At Present Vaibhav Nagar, Latur, Tq. & Dist. Latur 2. Harichandra s/o Baliram Shinde, Age:- 71 years, Occ. Agri., R/o Dhutta, Osmanabad, Tq. & Dist. Osmanabad 3. Bhimrao s/o Baliram Shinde, Died through his Legal Heirs, 3-A. Nandkumar s/o Bhimrao Shinde, Age:- 30 years, Occ. Agri., R/o Dhutta, Osmanabad, Tq. & Dist. Osmanabad 3-B. Bapat s/o Bhimrao Shinde, Age:- 32 years, Occ. Agri., R/o Dhutta, Osmanabad, Tq. & Dist. Osmanabad 3-C. Kalavati wd/o Bhimrao Shinde, Age:- 65 years, Occ. Household, R/o Dhutta, Osmanabad, Tq. & Dist. Osmanabad 3-D. Gautam s/o Bhimrao Shinde, Died through L. Rs. 3-D-A. Kanchan w/o Gautam Shinde, Age:- 37 years, Occ. Household, R/o Dhutta, Osmanabad, Narwade 2025:BHC-AUG:16571 988-wp-12466-2022 -2- Tq. & Dist. Osmanabad 4. Ramchandra s/o Baliram Shinde, Died through L. Rs. 4-A. Bapu s/o Ramchandra Shinde, Age:- 39 years, Occ. Agri, R/o Dhutta, Osmanabad, Tq. & Dist. Osmanabad 4-B. Balasaheb s/o Ramchandra Shinde Age:-34 years, Occ. Agri R/o Dhutta, Osmanabad, Tq. & Dist. Osmanabad 4-C. Jeetendra s/o Ramchandra Shinde, Age:- 31 years, Occ. Agri., R/o Dhutta, Osmanabad, Tq. & Dist. Osmanabad ...Petitioner VERSUS 1. Sarwajkhan s/o Sardarkhan Pathan, Age:-77 years, Oce. Agri., R/o Ujani, Tq. Ausa, Dist. Latur 2. The State of Maharashtra, Through its Secretary, Revenue and Forest Department, Manatralaya, Mumbai-32 3. The District Collector, Collector Office, Osmanabad 4. The Tahsildar, Tahsil Office, Osmanabad, Tq. & Dist. Osmanabad ...Respondents … Mr. S. S. Gangakhedkar, Advocate for the Petitioners Smt. K. B. Patil Bharaswadkar, Addl. G. P. for Respondents/State Mr. S. V. Mundhe, Advocate for Respondent No.1 Narwade 988-wp-12466-2022 -3- CORAM : ROHIT W. JOSHI, J. DATED : 24th JUNE 2025 JUDGEMENT :- 1. Leave to file order dated 18.11.2022 on record. The said document is taken on record and marked ‘X’ for identification. 2. Respondent No.1, in the present matter has filed an application under Section 32 of the Hyderabad Tenancy and Agricultural Lands Act, 1950 (for short “the Act”) seeking possession of the land bearing Survey No.62 of Village Dutha Tq. Ujani, Dist. Osmanabad admeasuring 17 acres 28 gunthas on the ground that the predecessors of the petitioners have surrendered the tenancy. Respondent No.1 has placed reliance on order dated 28.07.1966 passed in Special Civil Application No.792 of 1964. 3. According to the petitioners no action is taken pursuant to the said order as a consequence of which the petitioners had filed Writ Petition No.5739 of 2019 which is disposed of finally vide order dated 08.07.2019 inter alia directing respondent no.3-Tahsildar to decide the proceeding after hearing of all the concerned. The present petitioners appeared in the matter and filed an objection dated 29.09.2022 which is rejected by the Tahsildar vide order dated Narwade 988-wp-12466-2022 -4- 18.11.2022. The said order dated 18.11.2022 raising preliminary objection to maintainability of the application is rejected by passing a non speaking order. In view of the aforesaid it will be expedient that the matter is remitted back to the Tahsildar to decide the application dated 29.09.2022 by passing a speaking order 4. Parties shall appear before the learned Tahsildar on 1st July 2025. The learned Tahsildar shall decide the application by passing a speaking order and dealing with contentions raised by both the parties within a period of two months i.e. on or before 31.08.2025. 5. Keeping all the contentions open, petition is disposed of finally by quashing and setting aside the order dated 18.11.2022 and directing the Tahsildar to decide the objection afresh. [ROHIT W. JOSHI, J.] Narwade