Bombay High Court

SHRIDHAR BABAN ROHAKALE AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The order dated 09.09.2019 passed by the Revenue Minister is quashed and set aside.

Summary

The petitioners challenged a September 9, 2019 order of the Revenue Minister that allowed a revision of land measurement proceedings despite the absence of any reasons and without confirming that notice of measurement had been served. The petitioners argued that the measurement was carried out behind their backs, as the District Superintendent of Land Records had recorded that no notice was given and the petitioners were absent. The court examined the findings of the District Superintendent and the Deputy Director, which set aside the measurement, and noted that the Minister had overridden these findings without justification. Consequently, the judge held that the Minister's order was illegal and lacked due process. The writ petition was allowed, the Minister's order was quashed, and the respondents were directed to file a fresh measurement application with proper notice to all interested parties.

Issues considered

Whether the Revenue Minister's order allowing revision of land measurement without reasons and without verifying service of notice is valid.
Whether measurement proceedings conducted without serving notice to the landowners can be set aside.
Whether the petitioners are entitled to have the Minister's order quashed and to require a fresh measurement with due notice.

Subjects

revision
land measurement
notice of measurement
due process
revenue law
writ petition
quash order

Judgment

2026:BHC-AUG:24164
Dilwale 1 996-WP-14688-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

996 WRIT PETITION NO. 14688 OF 2021

Shridhar Baban Rohakale And Others
VERSUS
The State Of Maharashtra And Others

WITH
CIVIL APPLICATION NO. 11822 OF 2023
IN
CIVIL APPLICATION NO.6960 OF 2023

Shridhar Baban Rohakale And Others
VERSUS
The State Of Maharashtra And Others
...
Advocate for the Petitioner : Adv. Rani Baruka-Bora h/f Mr. Bora Satyajit
S.
AGP for Respondent-State: Mrs. Ashlesha S. Deshmukh
Advocate for Respondent No.7 : Mr. Mitkari Umesh Gangadhar
Advocate for Respondent No.8 : Mr. Adv. P. P. Jadhav
...

CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 17.06.2026

PER COURT :
1. Heard the learned counsel for the respective parties.

2. By this petition, the petitioners are assailing the order 09.09.2019

passed by the learned Revenue Minister, whereby the revision preferred

by respondent Nos.6 & 7 came to be allowed.

3. The learned counsel for the petitioners submits that the said

revision came to be allowed without recording any reasons. While

passing the impugned order, the learned Minister did not verify whether
Dilwale 2 996-WP-14688-21.odt

due notice of measurement was served upon the petitioners or not.

Therefore, he submits that impugned order is illegal and prays to allow

present petition.

4. Learned counsel for the respective respondents support the

impugned order and pray to dismiss the present petition.

5. I have heard the learned counsel for the respective parties and with

their assistance I have gone through the order passed by the District

Superintendent of Land Records. The District Superintendent of Land

Records, after verifying the record, has specifically observed that the

measurement was carried out behind the back of the petitioners and that

no notice of measurement was served upon them. Even in the

measurement record, there is a remark that the petitioners remained

absent. Therefore, the measurement was admittedly carried out behind

the back of the petitioners.

6. In view thereof, the District Superintendent of Land Records rightly

set aside the measurement proceedings and the said order was confirmed

by the Deputy Director. However, the learned Minister, without assigning

any reasons, set aside the concurrent findings recorded by the authorities

below. I am, therefore, inclined to partly allow the writ petition.

7. The writ petition is allowed. The order dated 09.09.2019 passed by

the learned Revenue Minister is quashed and set aside.

8. Respondent Nos.6 & 7 are at liberty to file a fresh application for

measurement before the competent authority. If such an application is
Dilwale 3 996-WP-14688-21.odt

filed, the concerned authority shall issue notice to the petitioners as well

as all other interested persons and, after giving an opportunity of hearing

to all concerned, shall pass an appropriate order in accordance with law.

[ SIDDHESHWAR S. THOMBRE ]
JUDGE

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