Bombay High Court
MANJUNATH S/O PARSURAM GAWALIversusTHE STATE OF MAHARASHTRA THR. SECRETARY REVENUE AND FOREST DEPT. AND ORS.
- Disposal
- Disposed Off
Holding
The writ petition is not maintainable as a statutory appeal under the Maharashtra Land Revenue Code, 1966 is available, and therefore the order cannot be quashed by this writ.
Summary
Manjunath Shivaji Jagtap filed a writ petition seeking to quash an order dated 4 November 2025 issued by the Tahsildar of Ajara, which directed the seizure of his truck (KA-25/B-6374) under the Maharashtra Land Revenue Code, 1966, and to obtain its release along with interim relief. The petition alleged that there were no exceptional circumstances justifying the writ. The High Court observed that the order was made under a specific statute that provides a statutory appeal mechanism, and therefore the petitioner had a statutory remedy available. As no exceptional circumstances were demonstrated, the Court held that the writ petition was not maintainable. Consequently, the petition was dismissed, with the Court directing the petitioner to pursue the statutory appeal within six months. All contentions were kept open for future proceedings.
Issues considered
- Whether a writ petition is maintainable when a statutory appeal under the Maharashtra Land Revenue Code, 1966 is available.
- Whether the order of the Tahsildar seizing the petitioner's vehicle can be quashed by a writ.
- Whether interim relief and stay of the impugned order can be granted in the absence of exceptional circumstances.
Legislation cited
Subjects
- writ petition
- statutory appeal
- Maharashtra Land Revenue Code
- vehicle seizure
- interim relief
- jurisdiction
Judgment
902-128-2026-CWP=.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 128 OF 2026
Digitally
signed by
UDAY UDAY
SHIVAJI
Manjunath S/o Parsuram Gawali … Petitioner
SHIVAJI JAGTAP
Date:
JAGTAP 2026.01.16
10:29:39 Versus
+0530
The State of Maharashtra & Ors. … Respondents
………….
Mr. Girish Awale for the Petitioner.
Mr. S.B. Kalel, AGP for the Respondent - State.
………….
CORAM : R.G. AVACHAT AND
AJIT B. KADETHANKAR, JJ.
DATE : 13th JANUARY, 2026.
P. C. :
1. By this petition, the Petitioner seeks following reliefs :-
“(A) This Writ Petition may kindly be allowed;
(B) By issuing appropriate writ, order or directions in the
like nature, this Honourable Court may be pleased to quash
and set aside the impugned order dated 4/11/2025 passed by
the respondent no.4 Tahsildar, Ajara, District Kolhapur (Exh. E)
and the vehicle of the petitioner i.e. Truck bearing
No.KA-25/B-6374 be directed to be released in the interest of
justice.
C) Pending hearing and final disposal of this Writ Petition,
effect, operation and implementation of the impugned order
dated 4/11/2025 passed by the respondent no.4 Tahsildar,
Ajara, District Kolhapur (Exh. E) may kindly be stayed and the
Uday S. Jagtap 1 of 2
902-128-2026-CWP=.doc
respondent authorities may kindly be directed to release the
vehicle of the petitioner i.e. Truck bearing No.KA-25/B-6374
forthwith.
D) Ad-interim relief in terms of prayer clause (C) may
kindly be granted.
E) Any other appropriate relief may kindly be granted in
favour of the petitioner.”
2. Considering that the impugned order dated 4th November 2025
passed under the Maharashtra Land Revenue Code, 1966, there is
statutory remedy of Appeal. In view of this, no exceptional
circumstances have been made out by the Petitioner to entertain the
Petition.
3. The Writ Petition stand disposed of.
4. The Petitioner may avail appropriate recourse as permissible in law.
All contentions are kept open.
5. If statutory appeal is filed by the Petitioner before the Appellate
Authority under the Maharashtra Land Revenue Code, the Authority shall
dispose of the same within 6 months from the date of filing of the appeal.
[AJIT B. KADETHANKAR, J. ] [ R.G. AVACHAT, J. ]
Uday S. Jagtap 2 of 2
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