UDAY CONSTRUCTIONS CO. THROUGH BALASAHEB V GAIKWAD v. STATE OF MAHARASHTRA AND ORS
WP/4235/2026 · 2026-08-29
body2026
DailyLaw.ai
[ 2026 DAILYLAW 5957 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 5957 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2-wp.4235.2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.4235 OF 2026 Uday Constructions Co. Through it proprietor Balasaheb V. Gaikwad ...Petitioner Versus The State of Maharashtra and Ors. ...Respondents Mr. Rajendra Kamble for the Petitioner. Mr. Tanveer Khan, A.P.P. for the Respondent-State.
CORAM: BHARATI DANGRE &
ASHISH S. CHAVAN, JJ.
DATE : 29tth AUGUST 2026 P.C. :
1. The petition raises a challenge to the report of the Tehsildar, Taluka Khed, District Pune, forwarded to the Sub-Divisional Officer, which, according to the petitioner, is illegal. In passing the said report, according to the counsel for petitioner, the respondent No.6 has acted beyond his jurisdiction. We are also informed that the petitioner has already instituted a petition, which is pending for adjudication before this Court. N. S. Chitnis 1/2 NISHA SANDEEP CHITNIS Digitally signed by NISHA SANDEEP CHITNIS Date: 2026.09.03 12:25:01 +0530
2-wp.4235.2026.doc Upon perusal of the report, we find that the report of the Tehsildar forwarded to the Sub-Divisional Officer is a fact-finding report as regards the allegation of preparation of fraudulent documents in form of 7/12 Ferfar. However, since the Sub-Divisional Officer has not initiated any action thereupon, and specifically as against the petitioner, in our view, the relief sought in the petition, is premature. We, therefore, refuse to entertain the same. However, we must clarify that in case there arises any cause of action for the petitioner to challenge any action of the Sub-Divisional Officer or any higher Officer, dependent upon the outcome of the report of the Tehsildar, which is impugned in the present petition, the petitioner is at liberty to raise the challenge. Writ Petition stands disposed of accordingly.
ASHISH S. CHAVAN, J.
BHARATI DANGRE, J. N. S. Chitnis 2/2