Bombay High Court
DATTATRAY ANANDA (ANNA) LAD AND ORS.versusTHE STATE OF MAHARASHTRA THROUGH PRINCIPAL SECRETARY, REVENUE DEPT. AND ORS.
- Disposal
- Disposed Off
Holding
The court held that the Sub‑Divisional Officer must grant a hearing to the petitioners before taking any coercive action and that personal notice may be exempted for speedy disposal.
Summary
The petitioners filed a review petition 270 days after the original order, seeking condonation of delay. They alleged that the Sub‑Divisional Officer, relying on a notice issued under Section 53 of the Maharashtra Land Revenue Code, was about to evict and demolish their premises without granting them a hearing, contrary to the court’s earlier order dated 16 September 2025. The court examined whether the delay could be condoned and whether the officer could proceed without a hearing. It held that the delay was condoned and, on urgency, directed the officer to provide a hearing before any coercive action, exempting personal notice and scheduling a compliance hearing. The court further ordered that no eviction or demolition be carried out until the hearing and subsequent order are completed, and listed the matter for compliance on 12 June 2026.
Issues considered
- Whether a delay of 270 days in filing a review petition can be condoned.
- Whether the Sub‑Divisional Officer may proceed with eviction and demolition without granting a hearing to the petitioners in view of the court’s earlier order.
- Whether personal notice to the petitioners can be exempted for the purpose of speedy disposal.
Legislation cited
Subjects
- condonation of delay
- urgency
- review petition
- Section 53
- eviction
- hearing
- coercive action
Judgment
25-IA-623-2026 (C)=.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 623 OF 2026
Digitally
IN
signed by
UDAY REVIEW PETITION IN WP (ST) NO. 4224 OF 2026
UDAY SHIVAJI
SHIVAJI JAGTAP
JAGTAP Date:
2026.05.16 Dattatray Ananda (Anna) Lad and Ors. … Applicants
13:04:43
+0530
Versus
The State Of Maharashtra Through Principal
Secretary, Revenue Dept. and Ors. … Respondents
………….
Mr. K.K. Sasavade a/w Rajwardhan K. Sasavade for the Applicants.
Mr. V.M. Mali, AGP for the Respondent - State.
………….
CORAM : PRAVIN S. PATIL, J.
DATE : 15th MAY, 2026.
(VACATION COURT)
P. C. :
1. Heard.
2. In the present application, there is a delay of 270 days in filing the
present Review Petition. For the reasons stated in the application, the
delay is condoned.
3. In this matter, petitioners press urgency that learned Sub-Divisional
Officer is likely to dispossess the petitioners in view of order of this Court
which was passed by this Court in absence of the petitioners.
4. It is stated that in Writ Petition No. 12169 of 2019, the respondent
Uday S. Jagtap 1 of 3
25-IA-623-2026 (C)=.doc
No.7 deliberately not impleaded petitioners as party respondents. As
such, they were not aware of the order of this Court. But now learned
Sub-Divisional Officer has initiated proceeding of eviction and demolition
of their premises, hence approached this Court. Considering the urgency,
this Court has taken up the matter.
5. In terms of the order of this Court dated 16 th September 2025, the
learned Sub-Divisional Officer has issued notice under Section 53 of the
Maharashtra Land Revenue Code, 1966 to the petitioner, dated 7 th April
2026. The same was duly received by the petitioner on 17th April 2026.
6. The grievance of the petitioner is that in view of the findings
recorded by this Court in the order dated 16 th September 2025, the
Authority is likely to take coercive action in the matter without granting
him hearing opportunity.
7. In view of this, learned Sub-Divisional Officer is directed to grant
hearing opportunity to the petitioner and after granting such hearing
opportunity, pass final order in the matter.
8. For speedy disposal of issue, the personal notice to the petitioners
are exempted. Petitioners are directed to appear before the learned Sub-
Divisional Officer on 22nd May 2026 along with their written submission.
The learned Sub-Divisional Officer then conduct the hearing in the matter
Uday S. Jagtap 2 of 3
25-IA-623-2026 (C)=.doc
and pass appropriate order by recording the reasons and communicate
the same to the petitioner. Till then, no coercive action be taken against
the petitioners in the matter.
9. List this mater on 12th June 2026 for reporting compliance.
[PRAVIN S. PATIL, J. ]
Uday S. Jagtap 3 of 3
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