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2026 DAILYLAW 22037 (BOM)

VITTHAL RAMA WAGMARE v. THE STATE OF MAHARASHTRA AND OTHERS

WP/15100/2019 · 2026-01-13

Shri Siddheshwar Sundarrao Thombre

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

934-WP-15100-2019.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 934 WRIT PETITION NO. 15100 OF 2019 Vitthal Rama Wagmare VERSUS The State Of Maharashtra And Others ….. Mr. Naiknavare Ramesh V., Advocate for the Petitioner Mr. B. A. Shinde, AGP for the Respondents – State Mr. A. A. Nimbalkar, Advocate for Respondent Nos.9 to 11, 15 and 16 Mr. S. G. Jadhavar, Advocate for Respondent No.6 ….. CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 13.01.2026 PER COURT : 1. Heard the learned Counsel for the respective parties. 2. The Petitioner challenges the order dated 28.11.2016 passed by Superintendent of land record, Osmanabad which was confirmed by the order dated 07.08.2019 passed by the learned Minister. The said order was assailed by Respondent Nos.5 to 17 by filing review before the learned Minister, which was allowed on 17.09.2019. 3. The learned Counsel for the Petitioner submits that while passing the impugned order, the learned Minister neither granted an opportunity of hearing nor served any notice upon the Petitioner. 4. The learned Counsel for Respondent Nos.9 to 11, 15 and 16 submits that Respondent Nos.9 to 11, 15 and 16 were also not heard. 5. Considering the aforesaid submissions, all the Counsel submit that both the orders passed by the learned Minister are liable to be set aside. 1 2026:BHC-AUG:1345 934-WP-15100-2019.odt 6. In view thereof, the writ petition is partly allowed. The orders 07.08.2019 and 17.09.2019 passed by the learned Minister are quashed and set aside. The matter is remanded to the learned Minister to decide it afresh. 7. The learned Minister is directed to decide the proceedings within a period of six months from today, in accordance with law, after giving an opportunity of hearing to all the parties concerned. 8. All the issues are kept open. 9. In view of setting aside the order dated 07.08.2019, the order 28.11.2016 passed by the SLR shall remain in abeyance till the learned Minister decides the matter on its own merits. [SIDDHESHWAR S. THOMBRE, J.] Sameer/January-2026 2