Bombay High Court
VIRENDRA ANIL PINGALE through POAversusSHRI BAPU KHANDU NARKE
- Decided
- Disposal
- Disposed Off
Holding
The Appellate Authority must hear and decide the stay application in Tenancy Appeal No.267/2026 within four weeks of this order.
Summary
The petitioners filed a writ petition seeking a direction to the Sub‑Divisional Officer (Appellate Authority) to hear their application for a stay of Tenancy Appeal No.267/2026, which challenges a Tahsildar’s order declaring the respondents as deemed purchasers of suit lands. The petitioners alleged that despite filing the appeal on 8 July 2026, the Appellate Authority had neither heard the stay application nor fixed a date for the appeal. The Court noted that the petitioners had indeed applied for a stay and that the Appellate Authority was obligated to consider it. Consequently, the Court ordered the Appellate Authority to hear and decide the stay application as expeditiously as possible, preferably within four weeks of the order. The petition was therefore disposed with this directive.
Issues considered
- Whether the Sub‑Divisional Officer, as Appellate Authority, is required to hear the petitioners' application for a stay of the tenancy appeal.
- Whether the Court can direct the Appellate Authority to decide the stay application within a specified time frame.
Subjects
- writ petition
- stay application
- appellate authority
- tenancy appeal
- procedural delay
- court order
Judgment
32-WP10905-2026.DOC
Santosh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 10905 OF 2026
Virendra Anil Pingale Through POA and ors. ...Petitioners
Versus
Bapu Khandu Narke And Ors. …Respondents
Ms. Namrata Bobade, for the Petitioners.
CORAM: N. J. JAMADAR, J.
DATED: 31st AUGUST, 2026
SANTOSH
Oral Order:-
SUBHASH
KULKARNI
Digitally signed by
1. Heard the learned Cousel for the petitioners.
SANTOSH SUBHASH
KULKARNI
Date: 2026.09.02
10:02:30 +0530
2. A limited prayer in this petition is to direct the Sub-
Divisional Officer, before whom the petitioners have preferred an
appeal being Tenancy Appeal No.267/2026 assailing the legality
and correctness of an order dated 29 th April, 2026 passed by the
Tahsildar and ALT, Shirur, declaring the respondents as the
deemed purchasers of the suit lands.
3. It is the grievance of the petitioners that, though the
petitioners have preferred an appeal on 8th July, 2026, the Sub-
Divisional Officer – respondent No.5 has not heard the
application for stay. The learned Counsel for the petitioners
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32-WP10905-2026.DOC
submits that the Appellate Authority has not even fixed the
appeal for hearing.
4. As the petitioners have preferred an application for stay,
the Appellate Authority is enjoined to consider and decide the
said application.
5. The petition, thus, stands disposed with direction to the
respondent No.5 - Appellate Authority to hear and decide the
application for stay in Tenancy Appeal No.267/2026 as
expeditiously as possible and, preferably, within a period of four
weeks from the date of communication of this order.
[N. J. JAMADAR, J.]
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