Bombay High Court

AVINASH DNYANESHWAR DHAMALE AND ORSversusMANGALMURTI GANESH DEO AND ORS

Decided: 31 August 2026
Disposal: Disposed Off

Holding

The Court modified the impugned order, set aside the Nayab Tahsildar’s order of 9 October 2012, and remanded the matter back to the Nayab Tahsildar for fresh adjudication.

Summary

The petitioners challenged an order dated 30 July 2025 issued by the Revenue Minister, seeking its quash and remand of the matter to the Sub‑Divisional Officer (SDO), Haveli, or alternatively to the Nayab Tahsildar, Haveli. The respondents did not oppose a modification that would also set aside the SDO’s order and remit the case to the Nayab Tahsildar. The Court, after hearing counsel, modified the impugned order, set aside the earlier order of the Nayab Tahsildar dated 9 October 2012, and remanded the matter back to the Nayab Tahsildar for fresh adjudication, directing parties to appear on 23 September 2026. No merits were decided, and all contentions were kept open for further hearing. The interim application and the writ petition were consequently disposed.

Issues considered

Whether the order dated 30 July 2025 of the Revenue Minister should be quashed.
Whether the matter should be remitted to the Sub‑Divisional Officer or the Nayab Tahsildar for fresh adjudication.
Whether the Court can modify the impugned order to set aside the earlier order of the Nayab Tahsildar.

Subjects

interim relief
remand
administrative order
revenue law
high court
writ petition
procedural jurisdiction

Judgment

Gitalaxmi                                              1-IA-4687-2026.docx



            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION


               INTERIM APPLICATION NO. 4687 OF 2026
                                IN
                  WRIT PETITION NO. 8014 OF 2026

AVINASH DNYANESHWAR DHAMALE
AND ANOTHER                                         ...APPLICANTS

IN THE MATTER BETWEEN :

MANGALMURTI GANESH DEO AND OTHERS                   ...PETITIONERS
               Versus
AVINASH DNYANESHWAR DHAMALE
AND OTHERS                                          ...RESPONDENTS


     Mr. S. G. Karandikar a/w Mr. Abhijit P. Kulkarni & Mr. Gaurav
     Shahane i/b Shreyas R. Zarkar, Advocates for the Petitioners.

     Mr. Abhay Khandeparkar, Sr. Advocate a/w Mr. Ravikant
     Purohit & Mr. Sagar Shahani i/b Mr. Abheek Melwani,
     Advocates for Respondent Nos. 1 & 2.

     Mrs. M. S. Shrivastav, AGP for the State-Respondent.

                                CORAM     : ARUN R. PEDNEKER, J.

                                DATE      : 31st AUGUST, 2026.
Per Court :

1.          Heard learned counsel appearing for the parties.



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                               31st AUGUST, 2026
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2.          Learned counsel for the Petitioners submits that by the
impugned order dated 30th July, 2025 passed by the Revenue
Minister has to be quashed and set aside the order impugned before
it and has remitted the matter back to the Sub-Divisional Officer
(“SDO”), Haveli. Learned counsel further submits that the matter
ought to have been remitted back to the Nayab Tahsildar, Haveli by
setting aside all the orders including the order of Nayab Tahsildar,
Haveli.

3.          Learned counsel for the Respondents fairly, on instructions,
submits that he has no objection if the impugned order is modified to
the extent that the order of SDO is also set aside and the matter is
also remitted back to the Nayab Tahsildar, Haveli.

4.          Considering the aforesaid submissions, the impugned order
is modified and order dated 9th October, 2012 passed by the Nayab
Tahsildar, Haveli is also set aside and the matter is remitted back to
the Nayab Tahsildar, Haveli for fresh adjudication.

5.          Parties to appear in the office of Nayab Tahsildar, Haveli on
23rd September, 2026 at 3:00 p.m. Thereafter, the Nayab Tahsildar,
Haveli to give dates as per his convenience and decide the concerned
application within a period of 3 months from 23rd September, 2026.

6.          All contentions of the parties are kept open.



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                                31st AUGUST, 2026
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7.             I have not expressed any view on merits.

8.             Interim Application as well as Writ Petition stand disposed
of accordingly.

                                                       [ ARUN R. PEDNEKER, J. ]


                        Digitally signed
                        by GITALAXMI
            GITALAXMI   KRISHNA
            KRISHNA     KOTAWADEKAR
            KOTAWADEKAR Date:
                        2026.09.05
                        13:54:42 +0530




                                                Page 3 of 3
                                           31st AUGUST, 2026

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