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
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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
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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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