Bombay High Court

VISHWAS YASHWANT GOKHALE AND ORSversusOFFICE OF COLLECTOR THANE AND ORS

Decided: 27 August 2026
Disposal: Disposed Off

Holding

The court held that it will not interfere with the conversion order as the petition only concerns conversion, and the petitioners' rights will be decided by the pending civil suit.

Summary

The petitioners challenged a revenue order that permitted conversion of Plot No. 35 from Class‑II to Class‑I in favour of the respondents. The petitioners claimed they also had an allotment and a proportionate share in the plot, with a civil suit pending on that issue. The court observed that the writ petition solely concerned the conversion order and not the underlying ownership dispute. Consequently, the court declined to interfere with the conversion order, noting that the civil court would determine the petitioners' rights. The petitioners were informed that if they succeed in the civil suit, they may claim benefits under the conversion order subject to applicable rules and fees. The writ petition was therefore disposed.

Issues considered

Whether the High Court can set aside or modify a revenue department's order converting land from Class‑II to Class‑I when a civil suit regarding allocation of the land is pending.

Subjects

land conversion
class I land
class II land
revenue order
civil suit
proportionate share
writ petition
High Court of Bombay

Judgment

Gitalaxmi                                            17-WP-13876-2025.docx



            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION


                   WRIT PETITION NO. 13876 OF 2025

SHRI. VISHWAS YASHWANT GOKHALE
AND OTHERS                                           ...PETITIONERS

                        Versus

OFFICE OF COLLECTOR, THANE AND OTHERS ...RESPONDENTS

     Mr. Bharat G. Thorat, Advocate for the Petitioners.

     Mr. Yashodeep Deshmukh a/w Ms. Vaidehi Deshmukh & Ms.
     Pratishtha Shukla, Advocates for Respondent No. 4.

     Ms. Mamta S. Srivastava, AGP for the State-Respondent Nos. 1
     & 2.

                                 CORAM     : ARUN R. PEDNEKER, J.

                                 DATE      : 27th AUGUST, 2026.

Per Court :
1.          Heard learned counsel appearing for the parties.

2.          By the impugned order passed by the Revenue and Forest
Department, the authority has permitted conversion of land, i.e. Plot
No. 35 from Class-II to Class-I on an application filed by Respondent
No. 1, in favour of the Respondents.


                                  Page 1 of 2
                             27th AUGUST, 2026
Gitalaxmi                                                         17-WP-13876-2025.docx



3.              Learned counsel for the Petitioners submits that the said
plot was also allotted in favour of Petitioners.                    Learned counsel
submits that the Petitioners are also entitled to proportionate share
in the said plot and a Suit to that effect is already filed before the
Civil Court and it is pending for adjudication.

4.              Since the present matter only pertains to conversion of the
land, no case is made out to interfere with the impugned order.
However, the right of Petitioners qua the said plot would remain
unaffected and the Civil Court, which is considering the matter,
would decide the same in accordance with law.

5.              In the event, the Petitioners succeed in the Civil Suit, they
would be entitled to the benefit of N.A. order also, subject to rules
and payment of fees in this regard.

6.              In view of the above, Writ Petition stands disposed of.

7.              Liberty is granted to file hard copy of the reply on record.




                                                          [ ARUN R. PEDNEKER, J. ]

                        Digitally signed
                        by GITALAXMI
            GITALAXMI   KRISHNA
            KRISHNA     KOTAWADEKAR
            KOTAWADEKAR Date:
                        2026.09.01
                        16:54:56 +0530




                                                Page 2 of 2
                                           27th AUGUST, 2026

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