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Bombay High Court

JANAKABAI BHANUDAS PALVEversusTHE STATE OF MAHARASHTRA THR SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The petition is dismissed as it lacks merit because the order is under challenge and a civil suit is pending.

Summary

Janakabai Bhanudas Palve filed a writ petition seeking a direction to the State of Maharashtra to execute a 2021 order for mutation of land entries in the 7/12 extracts of Gut Nos. 741 and 787 at Mauje Hivarapahadi, Beed. The petitioners argued that the order should be implemented, while the respondents indicated that the order is under challenge before the Hon’ble Minister and a substantive civil suit is pending. The Court examined whether the petition had any merit in light of the pending challenges and suit. Finding that the order was already subject to higher‑level review and that the civil suit provides the appropriate forum, the Court held that the petition lacked merit. Consequently, the writ petition was dismissed.

Issues considered

  • Whether the High Court can direct execution of the order for mutation when the order is under challenge before the Minister and a civil suit is pending

Subjects

  • mutation
  • land records
  • writ petition
  • execution of order
  • civil suit
  • jurisdiction

Judgment

2026:BHC-AUG:39034


                                                     *1*                    904-wp-10283-2026


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                  904 WRIT PETITION NO. 10283 OF 2026

                                    Janakabai Bhanudas Palve
                                            VERSUS
                    The State Of Maharashtra Through Secretary And Others
                                               ...
                Mr. Shrikishan S. Shinde, Advocate for the Petitioner
                Mr. N. S. Tekale, AGP for Respondents/State
                                               ...
                                   CORAM : NITIN B. SURYAWANSHI &
                                             ABASAHEB D. SHINDE, JJ.
                                   DATE : 27th AUGUST 2026

                P. C. :-

                1.         This petition is filed seeking direction to Respondent

                Nos.5, 6 and 7 to execute the order dated 14.12.2021 passed by

                the Additional Divisional Commissioner, Aurangabad in Revision

                No.ROR/REV/99/2018 read with the order dated 03.03.1989

                passed       by     the    Deputy   Collector/Sub   Divisional    Officer,

                Ambajogai, with further direction to record the mutation entry

                in the name of the petitioner in the 7/12 extract of Gut No.741

                and 787 at Mauje Hivarapahadi, Tq. Beed, Dist. Beed.

                2.         We     direct   the learned     AGP   to take   instructions.

                Accordingly, upon instructions, he submits that the order passed

                by the Commissioner is subject matter of challenge before the

                Hon’ble Minister. So also, a substantive Civil Suit is also filed.

                Narwade
                                *2*                   904-wp-10283-2026


Petitioner has appeared in the said Civil Suit.

3.        In the light of above, we do not find any merit in the

petition. The petition is, therefore, dismissed.




(ABASAHEB D. SHINDE, J.)              (NITIN B. SURYAWANSHI, J.)




Narwade


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