11-WP-2578-21-FM.doc Sayali IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2578 OF 2021 Sahebrao Madhav Kanchan Deced. Thr. LHR Bapu Shankar Sahebrao Kanchan … Petitioners V/s. Bala @ balwant Kushaba Kanchan Deced. Thr. LHRS and Others … Respondents Mr. Uday P. Warunjikar, with Sumit Kate for Petitioners. Mr. Drupad S. Patil with Mr. Dheeraj Patil, for Respondent no. 1. Mr. Hamid D. Mulla, AGP for State-Respondent nos. 7 to 10. CORAM : AMIT BORKAR, J. DATED : OCTOBER 05, 2026 P.C.: 1. It appears from the record that the proceedings initiated by the respondents for challenging the mutation entry and the proceedings undertaken under the provisions of the Consolidation Act could not have been challenged by way of an Appeal. Consequently, the orders passed in the impugned proceedings arise from proceedings which were themselves not maintainable in law. The remedy available to a person aggrieved by an error or alleged illegality in the Consolidation Scheme is to approach the competent authorities in accordance with Sections 31A and 32 of the Act, subject to the applicable limitation and the requirement that such remedy is invoked within a reasonable period, as 1 11-WP-2578-21-FM.doc explained in various judgments of this Court. 2. In my considered opinion, therefore, the appropriate remedy available to the original applicant, instead of preferring an Appeal, was to file an appropriate application under Section 31A of the Act before the competent authority. The proceedings having been pursued by way of an Appeal, which was not the remedy contemplated under the Act, the impugned orders cannot be sustained on that basis. Hence, the following order is passed: ORDER i) The contesting respondents are at liberty to file an appropriate application under Section 31A of the Act. If such an application is filed, the competent authorities under the Act shall consider the same independently and on its own merits, without being influenced by any of the observations or findings recorded in the impugned judgment and order. ii) All questions relating to limitation and the requirement of approaching the competent authority within a reasonable period are kept open. The same shall be considered and decided by the competent authorities under the Act in accordance with law and on the basis of the facts and circumstances of the case. iii) The petition is disposed of accordingly. (AMIT BORKAR, J.) 2