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Bombay High Court

UDAY APPASAHEB DESHMUKH AND OTHERSversusTHE COLLECTOR JALNA AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court disposed of the writ petition by recording the Government Pleader's undertaking to have the appeal registered and decided on its merits.

Summary

The petitioners filed a writ petition alleging that the Collector's office had failed to register their appeal. The Government Pleader argued that the maintainability of the appeal could be decided in the appeal itself and promised to instruct the Collector to register the appeal and decide it on its merits. The Court recorded this promise as an undertaking. Consequently, the writ petition was disposed of without further adjudication. The decision rests on the acceptance of the Government Pleader's undertaking to ensure registration of the appeal.

Issues considered

  • What is the appropriate remedy when a Collector fails to register an appeal filed by petitioners?

Subjects

  • appeal registration
  • writ petition
  • maintainability
  • undertaking
  • collector

Judgment

2026:BHC-AUG:43034-DB


                                                   {1}                       19-wp-12525-2026

                                 IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                            BENCH AT AURANGABAD

                                     19 WRIT PETITION NO. 12525 OF 2026

                              Uday Appasaheb Deshmukh And Others
                                              VERSUS
                                  The Collector Jalna And Others
                                                 ...
              Mr. C.R. Thorat, Advocate for the Petitioners
              Mr. A.B. Girase, Government Pleader for the State
                                               .......

                                          CORAM : NITIN B. SURYAWANSHI AND
                                                   ABASAHEB D. SHINDE, JJ.


                                             DATE : 21st SEPTEMBER, 2026
              PER COURT :

              1.       The grievance of the petitioners is that appeal filed by them is

              not being registered by the office of Collector.

              2.       Learned       Government   Pleader   submits   that    the   issue   of

              maintainability of the appeal, if any, can be decided in the appeal. He,

              therefore, assures that he will inform the Collector to register the

              appeal and decide it on its own merits.

              3.       By recording said statement as undertaking to this Court, writ

              petition is disposed of.



              (ABASAHEB D. SHINDE, J.)                   (NITIN B. SURYAWANSHI, J.)


              Bhagyawant Punde


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