Bombay High Court
VITTHAL RAMA WAGMAREversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Minister’s orders dated 07.08.2019 and 17.09.2019 are quashed for violating the rules of natural justice.
Summary
The petitioner, Vitthal Rama Wagmare, challenged a 2016 order of the Superintendent of Land Records, Osmanabad, which had been confirmed by a 2019 order of the State Minister. The petitioner alleged that the Minister’s confirmation was issued without any notice or opportunity of hearing, violating principles of natural justice. Respondents numbered 9 to 11, 15, and 16 also claimed they were not heard. The High Court examined whether the Minister’s orders were procedurally defective and thus liable to be set aside. Finding that the Minister had indeed failed to provide a hearing, the Court quashed both the 2019 confirmation order and the subsequent review order, remanding the matter to the Minister for fresh consideration with a six‑month deadline. The Court kept all issues open and held the 2016 order in abeyance pending the Minister’s fresh decision.
Issues considered
- Whether the Minister’s confirmation order violated the principles of natural justice by not granting a hearing or notice to the petitioner and other respondents.
- Whether the subsequent review order by the Minister is also liable to be set aside on the same grounds.
Subjects
- natural justice
- right to be heard
- quashing order
- administrative law
- procedural fairness
- writ petition
Judgment
2026:BHC-AUG:1345
934-WP-15100-2019.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
934 WRIT PETITION NO. 15100 OF 2019
Vitthal Rama Wagmare
VERSUS
The State Of Maharashtra And Others
…..
Mr. Naiknavare Ramesh V., Advocate for the Petitioner
Mr. B. A. Shinde, AGP for the Respondents – State
Mr. A. A. Nimbalkar, Advocate for Respondent Nos.9 to 11, 15 and 16
Mr. S. G. Jadhavar, Advocate for Respondent No.6
…..
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 13.01.2026
PER COURT :
1. Heard the learned Counsel for the respective parties.
2. The Petitioner challenges the order dated 28.11.2016 passed by
Superintendent of land record, Osmanabad which was confirmed by
the order dated 07.08.2019 passed by the learned Minister. The said
order was assailed by Respondent Nos.5 to 17 by filing review before
the learned Minister, which was allowed on 17.09.2019.
3. The learned Counsel for the Petitioner submits that while passing
the impugned order, the learned Minister neither granted an
opportunity of hearing nor served any notice upon the Petitioner.
4. The learned Counsel for Respondent Nos.9 to 11, 15 and 16
submits that Respondent Nos.9 to 11, 15 and 16 were also not heard.
5. Considering the aforesaid submissions, all the Counsel submit
that both the orders passed by the learned Minister are liable to be set
aside.
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934-WP-15100-2019.odt
6. In view thereof, the writ petition is partly allowed. The orders
07.08.2019 and 17.09.2019 passed by the learned Minister are
quashed and set aside. The matter is remanded to the learned Minister
to decide it afresh.
7. The learned Minister is directed to decide the proceedings within
a period of six months from today, in accordance with law, after giving
an opportunity of hearing to all the parties concerned.
8. All the issues are kept open.
9. In view of setting aside the order dated 07.08.2019, the order
28.11.2016 passed by the SLR shall remain in abeyance till the learned
Minister decides the matter on its own merits.
[SIDDHESHWAR S. THOMBRE, J.]
Sameer/January-2026
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