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2026 DAILYLAW 3304 (BOM)

GAJANAN S/O. CHIRKUT WANKHEDE v. THE STATE OF MAHARASHTRA THR. HONBLE TAHSILDAR NAGPUR (R) AND ORS.

WP/6347/2026 · 2026-08-17

Civil Appealbody2026

Judgment text

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(1) 901.WP6347.26 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 6347 OF 2026 Shri. Gajanan S/o Chirkut Wankhede Vs. The State of Maharashtra, thr. Hon’ble Tahsildar Nagpur (R) & others. --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Saurabh Singha, Advocate for the Petitioner(s). Mr. C.A. Lokhande, AGP for the Respondent(s)/State. CORAM : NANDESH S. DESHPANDE , J. DATE : AUGUST 17, 2026. 1. Heard Mr. Saurabh Singha, learned counsel for the petitioner. 2. The petition challenges the order dated 16.03.2026 passed by the Tahsildar, Nagpur Rural, in Case No. R/M. No. 14/L.N.D-10/2025-2026. 3. I have heard Mr. Saurabh Singha, learned counsel appearing for the petitioner. It is a matter of record and, as also submitted by Mr. Saurabh Singha, that the order of the Tahsildar dated 16.03.2026 is the subject matter of challenge before the Sub- Divisional Officer in an appeal filed on 26.05.2026. 4. As can be seen from the appeal memo before the Sub- Divisional Officer, there is no separate application for stay, which has probably prompted the Tahsildar not to pass any immediate order. It is the grievance of the petitioner that, due to the order of the Tahsildar, the road between Survey Nos. 198, 201, 203 and 202, in the north-south direction, admeasuring 12 ft., has to be vacated for ingress and egress, as also for carrying out agricultural activities and Shubham 2026:BHC-NAG:10649 (2) 901.WP6347.26 transporting agricultural equipment, at the behest of respondent Nos. 4 to 7 5. Be that as it may, the fact remains that the statutory challenge to the order of the Tahsildar is pending before the competent authority. In that view of the matter, the following order is passed: ORDER i) The Writ Petition is disposed of with a direction to the Sub-Divisional Officer to decide the application for stay, if any, filed till 21.08.2026, after putting all the respondents including the private respondents on notice and after hearing them. ii) In the meanwhile, the parties are directed to maintain status quo. It is clarified that the status quo as on date shall be maintained only till 21.08.2026, and it would be for the Sub- Divisional Officer to decide the application on its own merits. iii) With these directions, the petition is disposed of. (NANDESH S. DESHPANDE, J.) Shubham