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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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