DUSHYANT MADHAVRAO BORADEversusTHE STATE OF MAHARASHTRA THR COLLECTOR JALNA AND OTHERS

2026:BHC-AUG:45579
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                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD
                                  WRIT PETITION NO. 13281 OF 2026

                                     Dushyant Madhavrao Borade
                                                VERSUS
                                    The State of Maharashtra & Ors.
                                                …
             Ms.Geeta Deshpande J. for the Petitioners.
             Dr.Kalpalata Patil Bharawadkar, Addl. G.P for the Respondent/State.
                                                 ...

                                     CORAM         : MANJUSHA DESHPANDE, J.
                                     DATE          : 29.09.2026

             PER COURT :

             1.              The Petitioner is aggrieved by order dated 16 th September,

             2026 passed by the Sub-Divisional Officer, Partur, District Jalna (‘SDO’),

             whereby the appeal filed by the Petitioner against the order of Tahsildar,

             Mantha dated 27th August, 2026 has been rejected.

             2.              The learned Advocate for the Petitioner submits that

             Respondent No.4 herein had filed application addressed to the Tahsildar,

             Mantha contending that there is a old pandan road no.88, which has

             been obstructed by the agriculturist named in the application, which

             needs to be removed for approaching his own land in Gut No.374, it is

             specifically contended that a road should be made available to him from

             Gut No.322.

             3.              On the aforementioned background, an order came to be

             passed by Tahsildar after conducting Panchanama directing that a road

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should be made available from the land of the Petitioner, which is in Gut

Nos.325 and 1. Since the application itself was filed for removal of the

obstruction of the existing road and making available road from Gut

No.322, the order passed by Tahsildar was subjected to challenge before

the SDO, who after hearing the parties he has been pleased to partly

allow the appeal filed by the Petitioner by remanding the matter back to

the Tahsildar to pass appropriate orders, after making fresh inquiry.

4.            It is submitted that even after the remand, the Tahsildar,

Mantha has passed the same order again by directing that the Authorities

to make available road from the land of Gut Nos.325 and 1, for making

available approach road to the Respondent No.4 herein. It is further

directed that the Circle Officer shall take appropriate steps for making

available such road by invoking provisions of Section 143 of the

Maharashtra Land Revenue Code, 1966 and submit a report to that effect.

This order dated 27th August, 2026 was again subjected to challenge by

the Petitioner before the SDO and inspite of bringing it to the notice of

the SDO, the erroneous grounds on which the impugned order has been

passed, the appeal filed by the Petitioner has been rejected by

maintaining the order dated 27th August, 2026 passed by the Tahsildar.

5.            According to the Petitioner, though this order is passed on

16th September, 2026, the Tahsildar is implementing the said order by

issuing notice for compliance of the order. The learned Advocate for the

Petitioner submits that although the period of 60 days is provided for
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filing an appeal against the impugned order passed by the SDO, the order

is sought to be implemented by Tahsildar by issuing notice, which forms

part of the record (Page No.50).

6.            On this background, the Petitioner has approached this Court

with a limited prayer seeking protection till the Petitioner files an

appropriate appeal before the District Collector, Jalna.

7.            The learned Addl. G.P. has no instructions, as the matter is

listed for the first time. Considering the limited prayer made by the

Petitioner, it would be appropriate to grant stay to the order passed by

Respondent No.3/Tahsildar, Mantha, dated 27th August, 2026, for a

period of 15 days, so as to enable the Petitioner to approach the Appellate

Authority and file an appropriate appeal.

8.            With the aforementioned directions, the Writ Petition stands

disposed off.

9.            Parties to act on an authenticated copy of this order and the

learned Addl. G.P. shall communicate this order to the concerned Revenue

Authority.


                                            [ MANJUSHA DESHPANDE, J. ]




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