1 1-WP-13281-2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 13281 OF 2026 Dushyant Madhavrao Borade VERSUS The State of Maharashtra & Ors. … Ms.Geeta Deshpande J. for the Petitioners. Dr.Kalpalata Patil Bharawadkar, Addl. G.P for the Respondent/State. ... CORAM : MANJUSHA DESHPANDE, J. DATE : 29.09.2026 PER COURT : 1. The Petitioner is aggrieved by order dated 16th September, 2026 passed by the Sub-Divisional Officer, Partur, District Jalna (‘SDO’), whereby the appeal filed by the Petitioner against the order of Tahsildar, Mantha dated 27th August, 2026 has been rejected. 2. The learned Advocate for the Petitioner submits that Respondent No.4 herein had filed application addressed to the Tahsildar, Mantha contending that there is a old pandan road no.88, which has been obstructed by the agriculturist named in the application, which needs to be removed for approaching his own land in Gut No.374, it is specifically contended that a road should be made available to him from Gut No.322. 3. On the aforementioned background, an order came to be passed by Tahsildar after conducting Panchanama directing that a road Sunny Thote 2026:BHC-AUG:45579 2 1-WP-13281-2026.odt should be made available from the land of the Petitioner, which is in Gut Nos.325 and 1. Since the application itself was filed for removal of the obstruction of the existing road and making available road from Gut No.322, the order passed by Tahsildar was subjected to challenge before the SDO, who after hearing the parties he has been pleased to partly allow the appeal filed by the Petitioner by remanding the matter back to the Tahsildar to pass appropriate orders, after making fresh inquiry. 4. It is submitted that even after the remand, the Tahsildar, Mantha has passed the same order again by directing that the Authorities to make available road from the land of Gut Nos.325 and 1, for making available approach road to the Respondent No.4 herein. It is further directed that the Circle Officer shall take appropriate steps for making available such road by invoking provisions of Section 143 of the Maharashtra Land Revenue Code, 1966 and submit a report to that effect. This order dated 27th August, 2026 was again subjected to challenge by the Petitioner before the SDO and inspite of bringing it to the notice of the SDO, the erroneous grounds on which the impugned order has been passed, the appeal filed by the Petitioner has been rejected by maintaining the order dated 27th August, 2026 passed by the Tahsildar. 5. According to the Petitioner, though this order is passed on 16th September, 2026, the Tahsildar is implementing the said order by issuing notice for compliance of the order. The learned Advocate for the Petitioner submits that although the period of 60 days is provided for Sunny Thote 3 1-WP-13281-2026.odt filing an appeal against the impugned order passed by the SDO, the order is sought to be implemented by Tahsildar by issuing notice, which forms part of the record (Page No.50). 6. On this background, the Petitioner has approached this Court with a limited prayer seeking protection till the Petitioner files an appropriate appeal before the District Collector, Jalna. 7. The learned Addl. G.P. has no instructions, as the matter is listed for the first time. Considering the limited prayer made by the Petitioner, it would be appropriate to grant stay to the order passed by Respondent No.3/Tahsildar, Mantha, dated 27th August, 2026, for a period of 15 days, so as to enable the Petitioner to approach the Appellate Authority and file an appropriate appeal. 8. With the aforementioned directions, the Writ Petition stands disposed off. 9. Parties to act on an authenticated copy of this order and the learned Addl. G.P. shall communicate this order to the concerned Revenue Authority. [ MANJUSHA DESHPANDE, J. ] Sunny Thote