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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