Bombay High Court

CHANDRAKANT KISANLAL RODA (HUF) AND ANRversusTHE TAHSILDAR OFFICE OF TAHSILDAR AND ORS

Decided: 19 August 2026
Disposal: Dismissed

Holding

The writ petition is dismissed, directing petitioners to avail the alternate remedy before the Sub‑Divisional Officer.

Summary

Petitioners, a Hindu Undivided Family and others, filed a writ petition challenging an order of the Tahsildar Office. The respondent's Additional Government Pleader argued that an alternate remedy exists before the Sub‑Divisional Officer. The Court held that because such a remedy is available, the writ petition cannot proceed and was disposed of, granting the petitioners liberty to file an appeal to the Sub‑Divisional Officer. The Court also directed that any delay in filing the petition would not be counted towards the limitation period for the appeal, provided the appeal is filed within four weeks. The appeal, if filed, will be decided on its merits, and the writ petition is accordingly dismissed.

Issues considered

Whether the writ petition is maintainable when an alternate remedy before the Sub‑Divisional Officer is available
Whether the delay in filing the writ petition should be excluded from the limitation period for filing the appeal

Subjects

writ petition
alternate remedy
sub‑divisional officer
limitation period
civil appellate jurisdiction

Judgment

2026:BHC-AS:34545


            Diksha Rane                                           4 WP 10431 2026.docx



                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION
                                 WRIT PETITION NO.10431 OF 2026
            CHANDRAKANT KISANLAL RODA
            (HUF) AND ANR                                      ..PETITIONERS
                      VS
            THE TAHSILDAR OFFICE OF
            TAHSILDAR AND ORS                                  ..RESPONDENTS



                 Adv. Sushil M. Shukla a/w. Adv. Janki J. Sampat for
                 petitioners.

                 Mr. S. D. Chipade, AGP for respondent – State.



                                              CORAM      : ARUN R. PEDNEKER, J.

                                              DATE       : 19th AUGUST, 2026.

            Per Court :
            1.             Learned AGP points out that against the impugned order an
            alternate remedy before the Sub-Divisional Officer is available to the
            petitioners.

            2.             Considering the same, the writ petition stands disposed of
            with liberty to the petitioners to avail the alternate remedy of appeal.
            If such an appeal is filed, the concerned Sub-Divisional Officer would


                                                Page 1 of 2
                                           19th AUGUST, 2026
                      Diksha Rane                                               4 WP 10431 2026.docx



                      take up the matter for hearing and pass appropriate orders
                      thereafter, including an interim order, if required.

                      3.              The delay caused in filing the present petition stands
                      excluded in computing the period of limitation in filing the appeal. If
                      the appeal is so filed within a period of four weeks from today, the
                      same be decided on its own merits.

                      4.              The writ petition is disposed of, accordingly.

                                                                       [ ARUN R. PEDNEKER, J.]




                                                            Page 2 of 2
                                                       19th AUGUST, 2026


Signed by: Diksha Rane
Designation: PS To Honourable Judge
Date: 21/08/2026 15:48:43

Continue reading with your account

Checking your session…