501-cwp-8247-25.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8247 OF 2025 Ataulla Safilsaheb Patel & Ors. … Petitioners V/s. The State of Maharashtra & Ors. … Respondents ---------------- Mr. Valmiky Narvekar i/b Adv. Mohammad S. Mulla for the Petitioners. Mr. N.C. Walimbe, Addl. GP a/w. Mr. V.G. Badgujar, AGP for the Respondent/State. ---------------- CORAM : M.S. KARNIK & N.R. BORKAR, J.J. DATE : 23rd JUNE, 2025. P.C. 1. Not on board. Upon mentioning, taken on production board. 2. Heard learned counsel for the petitioners and Mr.N.C.Walimbe, learned Addl.GP for the respondent/State. 3. The learned counsel for the petitioners has invited our attention to the communication dated 16th June 2025 and states that the Sub-Divisional Ofocer, Solapur (“SDO” for short) has preponed the date of hearing of the application filed under Section 138 of the Maharashtra Land Revenue Code, 1966 (“MLRC Code” for short) to 25th June 2025. Dinesh Sherla 1/3 DINESH SADANAND SHERLA Digitally signed by DINESH SADANAND SHERLA Date: 2025.06.23 19:43:36 +0530 501-cwp-8247-25.doc However, by communication dated 16th June 2025, annexed as Exhibit-K to the petition at page No.67, respondent No.3- The Deputy Superintendent of Land Records, Akkalkot (DSLR, Akkalkot) has indicated that the measurements will be carried out on 24th June 2025. We find that the communication dated 16th June 2025 (Exhibit-K) is only a notice for carrying out measurement whereas according to the learned counsel for the petitioners, the same is notice for taking possession. There is nothing in the notice dated 16th June 2025 ( Exhibit-K) to indicate that the same is a notice for taking possession. 4. We, however, find that the hearing which was scheduled on 2nd July 2025 is preponed to 25th June 2025 without any notice to the petitioners. If the matter was fixed on 2nd July 2025 by the learned SDO, Solapur, it was only appropriate that the petitioners should have been given notice of intimation for preponement of the matter. In this view of the matter, if on 25th June 2025, a request for adjournment is made by the petitioners, the same be considered sympathetically by the S.D.O., Solapur. Dinesh Sherla 2/3 501-cwp-8247-25.doc 5. In any case, there is no question of taking possession on 24th June 2025 as the proceedings under Section 138 of the MLRC Code are pending. Though the respondent No.3- DSLR, Akkalkot may proceed with the measurement, there is no question of taking over possession till the hearing of application under Section 138 of MLRC Code. 6. Needless to mention that the petitioners shall not be dispossessed till the decision on the application under Section 138 of MLRC Code. 7. The Petition is disposed of in the aforesaid terms. (N.R. BORKAR, J.) (M.S. KARNIK, J.) Dinesh Sherla 3/3