Bombay High Court
MURLIDHAR PRALHAD WATTAMWARversusTHE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The petition is disposed of as withdrawn, with liberty granted to the petitioner to file an appropriate application before the Single Bench handling Writ Petition No.361 of 2025.
Summary
Murlidhar Pralhad Wattamwar filed a writ petition (6 WRIT PETITION NO.12157 OF 2025) seeking relief against the State of Maharashtra concerning land measurement proceedings. The State argued that the petitioner was absent during a scheduled measurement and that joint owners had objected, producing related documents. The petitioner relied on an earlier writ petition (Writ Petition No.361 of 2025) where an ad‑interim stay of the measurement proceedings had been granted. Seeking to avoid conflict with that interim order, the petitioner’s counsel requested to withdraw the present petition and obtain liberty to file an appropriate application before the Single Bench handling the earlier petition. The Court, noting the existence of the interim order, declined to consider the merits and disposed of the petition as withdrawn with liberty to approach the Single Bench.
Issues considered
- Whether the present writ petition can be withdrawn with liberty to file an application in the earlier petition where an interim stay is in force
- Effect of the interim stay order from Writ Petition No.361 of 2025 on the present petition
Subjects
- writ petition
- withdrawal
- interim relief
- stay order
- land measurement
- Maharashtra
Judgment
2026:BHC-AUG:9251
6-wp-12157-2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
6 WRIT PETITION NO.12157 OF 2025
Murlidhar Pralhad Wattamwar
VERSUS
The State Of Maharashtra Through Its Principal Secretary And Others
...
Mr. Santosh B. Gastgar, Advocate for the Petitioner
Mr. V. M. Kagne, AGP for Respondents/State.
...
CORAM : SMT. VIBHA KANKANWADI &
HITEN S. VENEGAVKAR, JJ.
DATE : 04 MARCH 2026
ORDER :
. Heard learned Advocate for the petitioner as well as learned AGP.
2. Learned AGP submits that in view of application dated 31.01.2025,
when the measurement was tried to be done on 19.03.2025, the
petitioner was absent. He produces on record the documents from the
office of respondent No.4. Those are taken on record by marking as
Exhibit-‘X’ collectively. He also states that the joint owners Ramesh
Nagorao Kulkarni and Shriniwas Rameshrao Kulkarni had taken objection
for the measurement. Copy of the written objection taken by Ramesh
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6-wp-12157-2025.odt
Nagorao Kulkarni has been tendered in Exhibit-‘X’ collectively, which
mentions the Writ Petition No.361 of 2025.
3. Learned Advocate for the petitioner submits that he has produced
the copy of memo of Writ Petition No.361 of 2025 along with the order
dated 14.01.2025 passed by the Hon’ble Single Bench of this Court. We
could gather from the said order that ad-interim relief in terms of prayer
clause (C) was granted. Prayer clause (C) of Writ Petition No.361 of
2025 reads as under :-
“(C) Pending hearing and final disposal of this
writ petition, the further proceedings initiated
pursuant to impugned notice before Ld. Deputy
Superintendent of Land Record, Degloor in file
Number /Land measurement /Complaint Application
/ Degloor / 2024 bearing outward number 1374 may
kindly be stayed.”
4. The present petitioner is party to the said writ petition. In view of
this, when disinclination is shown to grant any relief in favour of the
present petitioner, learned Advocate for the petitioner, upon instructions,
seeks withdrawal of the writ petition with liberty to file appropriate
application before the Hon’ble Single Bench of this Court in Writ Petition
No.361 of 2025.
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6-wp-12157-2025.odt
5. In view of the said statement and the fact that some interim order
is operating, it will not be feasible for us to go into the matter. Hence, the
writ petition stands disposed of as withdrawn with liberty as prayed.
[ HITEN S. VENEGAVKAR ] [ SMT. VIBHA KANKANWADI ]
JUDGE JUDGE
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