Bombay High Court
GAHININATH ADINATH LAD AND OTHERSversusTHE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
No cause of action exists as no adverse order has been passed; the writ petition is premature and is dismissed.
Summary
The petitioners challenged a notice issued by the Tahsildar under the Mamlatdar’s Courts Act for measuring lands, which included parcels belonging to the petitioners even though they were not parties to the proceedings. They argued that the notice adversely affected their interests and sought judicial intervention. The Court held that no order adverse to the petitioners’ interests had been passed and therefore no cause of action existed for a writ. Consequently, the petition was deemed premature and the petitioners were directed to approach the appropriate authority. The writ petition was dismissed.
Issues considered
- Whether the issuance of a notice for land measurement under the Mamlatdar’s Courts Act, affecting non‑parties, gives rise to a cause of action for a writ petition.
- Whether the writ petition is maintainable or premature in the absence of an adverse order.
Legislation cited
Subjects
- writ petition
- premature
- cause of action
- land measurement
- Mamlatdar’s Courts Act
- Tahsildar
- jurisdiction
Judgment
2026:BHC-AUG:41525
29 WP 11908 26.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
29 WRIT PETITION NO. 11908 OF 2026
GAHININATH ADINATH LAD AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THR ITS PRINCIPAL SECRETARY AND
OTHERS
...
Advocate for the Petitioner : Mr. Chormal Ajit B.
AGP for Respondent/State : Mrs. P. V. Diggikar
...
CORAM : SMT. MANJUSHA AJAY
DESHPANDE, J.
DATE : 07.09.2026
PER COURT :
1. It is the grievance of the petitioners that respondent Nos. 3 to 6 have
initiated proceedings before the Tahsildar under the Mamlatdar’s Courts Act.
In the said proceedings, the Tahsildar has issued a notice for conducting
measurement of the lands in question. Although the petitioners are not
parties to the said proceedings, the notice includes the land belonging to the
petitioners amongst the lands proposed to be measured. The petitioners,
therefore, have approached this Court challenging the said notice.
2. Since no order adverse to the interests of the petitioners has been
passed, there is no cause of action for filing the present writ petition. The
petition is, therefore, premature. The petitioners are at liberty to file
appropriate proceedings before the appropriate authority.
3. The writ petition is dismissed.
( SMT. MANJUSHA AJAY DESHPANDE, J.)
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