Created by Fuzzy Cloud

Bombay High Court

KANTABAI BANSILAL BIYANIversusTHE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court set aside the letters dated 07‑08‑2023 issued by the Additional Divisional Commissioner as they were not in accordance with the law.

Summary

Kantabai Bansilal Biyani filed two writ petitions challenging letters dated 07‑08‑2023 issued by the Additional Divisional Commissioner, Nashik, which directed the Collector of Jalgaon to review earlier orders under Section 258 of the Maharashtra Land Revenue Code, 1966. The petitioner alleged that the Collector’s original orders dated 27‑03‑2023 and 29‑03‑2023 were set aside without following due procedure and that the Additional Divisional Commissioner’s intervention was improper. The Additional Divisional Commissioner submitted an affidavit stating that a preliminary enquiry found merit in a complaint by respondent No. 6 and that the Collector’s orders were issued without due process, justifying a review. The Court examined whether the Additional Divisional Commissioner had authority to quash the Collector’s orders and whether the procedural requirements of Section 258 were complied with. Finding the letters to be ultra vires and not in accordance with law, the Court quashed the letters and allowed both writ petitions. It also granted respondent No. 6 liberty to challenge the Collector’s order through appropriate proceedings.

Issues considered

  • Whether the Additional Divisional Commissioner’s letters directing a review of the Collector’s orders are valid under the Maharashtra Land Revenue Code, 1966.
  • Whether the Collector’s orders dated 27‑03‑2023 and 29‑03‑2023 were passed in violation of the procedural requirements of Section 258.
  • Whether the petitioner has locus standi to challenge the Additional Divisional Commissioner’s directions.

Legislation cited

Subjects

  • writ petition
  • quashing order
  • administrative law
  • due process
  • Section 258
  • Maharashtra Land Revenue Code
  • Additional Divisional Commissioner
  • Collector
  • locus standi

Judgment

2026:BHC-AUG:1549

                                                1                   WP / 11563 / 2023+



                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                             1034 WRIT PETITION NO. 11563 OF 2023

                                  KANTABAI BANSILAL BIYANI
                                          VERSUS
                            THE STATE OF MAHARASHTRA THROUGH
                                 THE SECRETARY AND OTHERS

                                             WITH
                                 WRIT PETITION NO. 11568 OF 2023

                                  KANTABAI BANSILAL BIYANI
                                          VERSUS
                            THE STATE OF MAHARASHTRA THROUGH
                                 THE SECRETARY AND OTHERS

                                                    ...
                        Advocate for petitioner in both WPs : Mr. Ajay G. Talhar
                           AGP for the respondent – State : Ms. D.S. Jape
                            Advocate for respondent no. 6 : Mr. P.P. More
                                                    ...

                          CORAM               : SIDDHESHWAR S. THOMBRE, J.

                          DATE                : 13 JANUARY 2026

              PER COURT :

                          Heard learned counsel for the parties.


              2.          By way of present petitions, the petitioner assails the
              letters dated 07.08.2023, respectively, issued by the Additional
              Divisional Commissioner, Nashik to the Collector, Jalgaon whereby
              Additional Divisional Commissioner directed the Collector to pass an
              appropriate order after granting an opportunity of hearing to all the
              parties concerned.


              3.          Learned counsel for the petitioner Mr. Talhar points out that
              the order passed by the Collector which was in favour of the petitioner,
                                     2                WP / 11563 / 2023+


was set aside by the Additional Divisional Commissioner on the basis
of the simple application tendered by respondent no. 6.


4.               Pursuant to the order passed by this Court, the Additional
Divisional Commissioner, namely, Nilesh Gorakh Sagar filed a detailed
affidavit   in    reply   on   15.12.2025.     The   Additional   Divisional
Commissioner has made following submissions in paragraph nos. 7
and 8, which read as under :-

             “7. I say that a complaint was received by the Divisional
             Commissoner Office Nashik addressed to the Divisional
             commissioner by the respondent No. 6. I say that a
             preliminary enquiry into the complaint came to be
             conducted by verifying the records and thereafter office
             note dated 02/08/2023 came to the proposed to the
             Divisional Commissioner Nashik Division through e-office.
             I say that in the said office note it is proposed that the
             complaint as was filed by respondent no. 6 had substance.
             I say that the said office note proposed that collector
             Jalgaon be directed to conduct a review of earlier order
             dated 27/3/2023 and 29/3/2023 under the provisions of
             section 258 of Maharashtra Land Revenue Code 1966 and
             pass a fresh order by following due procedure and by
             giving opportunity of hearing to all the interested parties.

             8.     I say and submit that the said office note was put up
             along with the proposed letter by the Naib Thahshildar on
             03.08.2023. I say and submit that the same was approved
             by me on 04/08/2023, I say that, I have put my note on the
             same, that after going through the original R & P prima
             facie it appears that the order dated 27/03/2023 and
             corrigendum dated 29/03/2023 are issued without following
             due procedure. I have also observed that the officer who
             has passed the orders is transferred and new officer has
             taken charge as Collector and therefore the new Collector
             should take the orders in question in review under section
             258 of Maharashtra Land Revenue Code. I say that the
             said note and the letter prepared was thereafter forwarded
             to the Divisional Commissioner for approval. I further say
             that the Divisional Commissioner approved the same on
             04/08/2023. I further say that upon approval, the letter
                                 3                  WP / 11563 / 2023+


           came to be corrected by putting upon it “approved by
           Divisional Commissioner” and upon the said approval and
           directions of the Divisional Commissioner the impugned
           order came to be passed. I further say that the corrected
           draft of letter was submitted for approval and on
           07/08/2023 and came to be approved on 07/08/2023.
           Annexed herto and marked as Exhibit “R-3” is copy of the
           office note.”

Therefore, I am inclined to allow the present writ petitions by setting
aside the order passed by the learned Additional Divisional
Commissioner.

5.          In view of that, both the petitions are allowed. Letters dated
07.08.2023 issued by the learned Additional Divisional Commissioner,
Nashik are hereby quashed and set aside.

6.          Learned counsel for the respondent no. 6 seeks a liberty to
challenge the order passed by the District Collector by filing the
appropriate proceedings. Mr. Talher objects for the same.

7.          Liberty is granted to respondent no. 6 to challenge the
same, by filing appropriate proceedings.


8.          If the respondent no. 6 files appropriate proceedings, the
issue of locus of the petitioner including whether the respondent no. 6
is an interested person, shall be considered by the authority and then
the authority to consider the same and pass order in accordance with
law.



                              [ SIDDHESHWAR S. THOMBRE ]
                                        JUDGE
arp/


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.