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Bombay High Court

LOKMANYA TILAK JANKALYAN SHIKSHAN SANSTHA THR. ITS DIRECTOR ABHIJEET C. DESHMUKHversusTHE STATE OF MAHARASHTRA THR. ITS SECRETARY REVENUE DEPARTMENT AND ORS

Decided
Disposal
Disposed Off

Holding

The Court held that the petitioner must pursue an appeal with a stay application before the designated appellate forum, and therefore disposed of the writ petition.

Summary

The petitioner, Lokmanya Tilak Jankalyan Shikshan Sanstha, challenged an order dated 11 March 2026 issued by the Deputy Commissioner (Property Tax). The High Court observed that an effective alternate remedy exists before the appropriate appellate forum. It directed the petitioner to file an appeal together with a stay application within two weeks of the order. The court further noted that the stay application should be decided within six weeks, and the appeal should be decided on its merits without influence from the present order. Consequently, the writ petition was disposed of.

Issues considered

  • What is the appropriate remedy for challenging the Deputy Commissioner’s order under property tax law?
  • Whether the High Court should grant a stay of the order pending appeal?

Subjects

  • stay order
  • appellate remedy
  • property tax
  • writ petition
  • high court
  • deputy commissioner

Judgment

                             PDP                                                        9-WP-11755-2026.doc


                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          Digitally signed
          by PRAVIN
                                               CIVIL APPELLATE JURISDICTION
PRAVIN    DASHARATH
DASHARATH PANDIT
PANDIT    Date:
          2026.09.10
          11:00:07 +0530
                                                WRIT PETITION NO. 11755 OF 2026

                             Lokmanya Tilak Jankalyan Shikshan
                             Sanstha                                    .. Petitioner

                                          Vs.

                             The State of Maharashtra & Ors.            .. Respondents
                                                            ...
                             Mr. Vishwarupe Malhar Achyut for the Petitioner.
                             Mrs. Neha S. Bhide, Government Pleader with Mrs. R. A. Salunkhe,
                             AGP for Respondent No.1-State.
                                                            ...
                                        CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
                                                 ADVAIT M. SETHNA, J.

                                         DATE       : 9th SEPTEMBER, 2026.

                             P.C. :

                             1.    We find that against the impugned order dated 11 th March, 2026
                             passed by Respondent No.3 – Deputy Commissioner (Property Tax),
                             there is an efficacious alternate remedy to be availed of before the
                             Appellate Forum. The substantial justice would be subserved in case
                             the petitioner files an appeal along with stay application within a
                             period of two weeks before such forum/authority.

                             2.    We expect the stay application shall be considered and decided
                             in further six weeks’ time and the appeal be decided on its own merits
                             without being influenced by the order passed by this Court.

                             3.    In view of the above, the Writ Petition is disposed of.



                             [ADVAIT M. SETHNA, J.]                           [CHIEF JUSTICE]
                                                                 1


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