Bombay High Court
DASHRATH BUDHAJI KHALE AND ORSversusMEHMOOD ADAM DALVI AND ORS
- Decided
- Disposal
- Disposed Off
- Bench
- A S GADKARIR M JOSHI
Holding
The petition is withdrawn with liberty to file a reply, and any subsequent hearing must include the legal heirs of Budhaji Devji Khale.
Summary
The petitioner, Mehmood Adam Dalvi, challenged a notice dated 25 February 2024 issued by the Tahasildar of Bhiwandi concerning the land of an Adivasi, Budhaji Devji Khale. The petition alleged that the Collector of Thane had not granted permission to transfer or utilize the land, leading to the issuance of the notice. The petitioner’s counsel sought leave to withdraw the petition while retaining the liberty to file a reply to the notice if it had not yet been filed. The Court granted the leave, ordered the petition withdrawn, and clarified that any future hearing by the Tahasildar must include the legal heirs of Budhaji Devji Khale. Consequently, the interim application was also disposed of as there was nothing further to consider.
Issues considered
- Whether the petition challenging the Tahasildar's notice can be withdrawn with liberty to file a reply
- Whether the Tahasildar must hear the legal heirs of the Adivasi landowner before proceeding
Subjects
- land rights
- Adivasi
- withdrawal of petition
- interim application
- hearing of legal heirs
- Tahasildar notice
- property transfer
Judgment
ssm 34-wp5594.2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 5594 OF 2024
IN
INTERIM APPLICATION NO. 451 OF 2025
Mehmood Adam Dalvi …..Petitioner.
Vs.
The State Of Maharashtra & Ors. …..Respondents.
____________________________________
Mr. Mayuresh Modgi a/w Adv. Komal M. Gosavi i/by Adv. Sachin Hande
for the Petitioner.
Mr. A.I. Patel, Addl. GP a/w. Smt. P.J. Gavhane AGP, for the Respondent
Nos.1 to 3-State.
Ms. Ameeta Kuttikrishnan a/w Adv. Shubhada Khot i/by Daurish Patel and
Adv. Shambhavi Desai in Intervention Application (Stamp) No.33615 of
2024.
____________________________________
CORAM : A. S. GADKARI AND
R.M. JOSHI, JJ.
DATE : 12th FEBRUARY, 2026.
P.C.:-
1) This is a classic example as to how the persons usurp the lands
of poor Adiwasi people who are the natives of Bhiwandi Taluka.
2) By this Petition, the Petitioner has challenged the Notice dated
25th February, 2024 issued by the Tahasildar, Bhiwandi, District Thane.
Prima facie it appears to us that, the Collector of Thane has not granted any
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ssm 34-wp5594.2024.doc
permission to the Petitioner either to transfer or utilize the land of Mr.
Budhaji Devji Khale, an Adivasi, resident of Taluka Bhiwandi, District Thane
and it is the reason, the Tahasildar has issued the said Notice dated 25 th
February, 2024.
3) Facing with the aforenoted difficulties, learned Advocate for
the Petitioner on instructions seeks leave to withdraw the Petition with
liberty to file a reply to the said impugned Notice dated 25 th February, 2024,
if not filed till today.
3.1) Leave and liberty granted.
4) Disposed off as withdrawn with aforesaid liberty.
5) It is made clear that, in the event, the Tahasildar proceeds to
grant an opportunity of being heard to the Petitioner, it is imperative for the
concerned Authority to hear the legal heirs of Budhaji Devji Khale.
6) In view of the disposal of Petition, nothing further survives in
the Interim Application No.451 of 2025 and is also disposed off.
(R.M. JOSHI, J.) (A.S. GADKARI, J.)
Digitally signed
by SANJIV
SANJIV SHARNAPPA
SHARNAPPA MASHALKAR
MASHALKAR Date:
2026.02.17
12:56:27 +0530
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