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Bombay High Court

ABDULBARI GULAM HUSSAIN TUNGEKAR AND ORSversusTHE STATE OF MAHARASHTRA AND ORS

Decided
Disposal
Disposed Off

Holding

The Court found no apparent error in the impugned order and dismissed the review petition.

Summary

The petitioners filed a review petition challenging the order dated 28 August 2026 in Writ Petition No. 11027 of 2026. They argued that the observations in paragraph 12 of that order, concerning the legal effect of a person being in cultivation of agricultural land on the Tiller’s day, might affect a pending application under Section 32G of the Maharashtra Tenancy and Agricultural Lands Act, 1948 for determination of purchase price. The Court examined the petition and found no apparent error in the original order nor any sufficient ground for a review. Consequently, the review petition was dismissed. The Court clarified that the Section 32G proceeding must be decided on its own merits, independent of the earlier writ order.

Issues considered

  • Whether there is any apparent error in the order dated 28 August 2026 warranting a review.
  • Whether the observations in paragraph 12 of the order have any bearing on the application under Section 32G of the Maharashtra Tenancy and Agricultural Lands Act, 1948.

Legislation cited

Subjects

  • review petition
  • Section 32G
  • agricultural land
  • cultivation
  • Tiller’s day
  • purchase price determination
  • Maharashtra Tenancy Act
  • writ petition
  • appellate jurisdiction

Judgment

                                                                       6-RPW123-2026.DOC

                                                                                  Santosh

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION


                                     REVIEW PETITION NO. 123 OF 2026
                                                   IN
                                     WRIT PETITION NO. 11027 OF 2026

                      Abdulbari Gulam Hussain Tungekar And
                      Ors                                                  ...Petitioners
                                       Versus
                      The State Of Maharashtra And Ors                  …Respondents
SANTOSH
SUBHASH
KULKARNI              Mr. Pradeep Thorat, aw Bhalchandra Shinde, for the
Digitally signed by
SANTOSH SUBHASH
KULKARNI                    Petitioners.
Date: 2026.10.07
11:09:10 +0530
                      Mr. Y. D. Patil, AGP for the State.

                                                      CORAM : N. J. JAMADAR, J.
                                                      DATED : 6th OCTOBER, 2026

                      Oral Order:-

                      1.   Heard the learned Counsel for the petitioners.


                      2.   This petition is filed seeking review of the order dated 28 th

                      August, 2026 passed by this Court in WP/11027/2026.


                      3.   Upon hearing Mr. Thorat, on the substance of the matter,

                      this Court does not find any error apparent on the face of the

                      record or any other sufficient ground to review the said order.


                      4.   Mr. Thorat, the learned Counsel for the petitioner, submits

                      that the observations in paragraph 12 of the order with regard

                      to the legal implications of a person being in cultivation of the


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                                                   6-RPW123-2026.DOC

agricultural land on the Tiller’s day, may have a bearing on the

application   filed   on   behalf    of   the   petitioner   seeking

determination of the purchase price under Section 32G of the

Maharashtra Tenancy and Agricultural Lands Act, 1948.


5.   In view of the aforesaid apprehension, the review petition

stands disposed with clarification that the said proceeding

under Section 32G shall be decided on its own merits and in

accordance with law, without being influenced by the order

passed by this Court in Writ Petition No. 11027 of 2026.




                                           [N. J. JAMADAR, J.]




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