Bombay High Court

ABDUL KHADAR SHAIKH AMIRversusTHE STATE OF MAHARASHTRA THROUGH PRINCIPAL SECRETARY REVENUE AND FOREST DEPARTMENT

Disposal: DISPOSED OFF

Holding

The writ petition is disposed of as withdrawn, with liberty granted to the petitioner to file a fresh application for the same relief.

Summary

The petitioner filed an application under Section 47A of the Maharashtra Tenancy and Agricultural Lands Act, 1948 seeking relief for land in Parbhani district, but the Deputy Collector dismissed it citing a prior order of this Court in Writ Petition No. 11708 of 2018. The petitioner argued that the circumstances had changed and sought permission to withdraw the writ petition and file a fresh application reflecting subsequent developments. The Court observed that the earlier order was likely based on the Supreme Court’s Suo Moto PIL No. 3 of 2020 and that the extension enjoyed by the respondent had expired in 2023, rendering the petition premature. Consequently, the Court granted leave to withdraw the petition, disposing of it as withdrawn, and allowed the petitioner to file a new application within three months for the same relief. The fresh application, if filed, will be considered on its merits with an opportunity of hearing if required.

Issues considered

The applicability of Section 47A of the Maharashtra Tenancy and Agricultural Lands Act, 1948 to the petitioner’s claim.
Whether the earlier order of this Court in Writ Petition No. 11708 of 2018 bars the present application.
Whether the petitioner may withdraw the writ petition and file a fresh application in view of subsequent developments.

Legislation cited

Maharashtra Tenancy and Agricultural Lands Act, 1948 — s. 47A

Subjects

Writ petition
Section 47A
Tenancy and Agricultural Lands
Withdrawal of petition
Fresh application
Premature application
Supreme Court PIL

Judgment

2026:BHC-AUG:38207



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                                                                     939-wp-15756-2023

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                     WRIT PETITION NO. 15756 OF 2023

                                       Abdul Khadar Shaikh Amir
                                               VERSUS
                         The State Of Maharashtra Through Principal Secretary
                                    Revenue And Forest Department
                                                   ...
                     Mr. N. K. Tungar, Advocate for the Petitioner
                     Mr. K. B. Jadhavar, AGP for Respondents-State
                     Mr. A. A. Yadkikar, Advocate for Respondent no.3
                                                  …..
                                          CORAM : AJIT B. KADETHANKAR, J.
                                             DATED : 21ST AUGUST, 2026

                     P.C. :-

                     .         An application under Section 47A of the Maharashtra

                     Tenancy and Agricultural Lands Act, 1948 was filed by the

                     petitioner before the Deputy Collector in respect of land

                     admeasuring 10H located at gut no.651 Pedgaon and land

                     admeasuring 2H located at gut no.08 of village Gavha, Tahsil

                     and District Parbhani. The said application was merely closed

                     down by the Deputy Collector vide intimation dated

                     26.04.2023 giving reference to an order dated 20.01.2023

                     passed by this Court in Writ Petition No.11708 of 2018.

                     2.        Feeling aggrieved thereby, the petitioner is before this

                     Court.
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                                               939-wp-15756-2023

3.    This Court after hearing the learned Advocates for the

petitioner and respondents, prima facie opined that the

application seems to be a premature one. Probably the order

referred above was passed in the light of the orders passed in

Suo Moto Public Interest Litigation No.3 of 2020 by the

Hon’ble Supreme Court. It appears that the extension enjoyed

by the respondent came to an end pursuant to the order

passed in the year 2023.

4.    In view of this, Mr. N. K. Tungar, learned Advocate for

the petitioner submits that he will file a fresh application

bringing on record the subsequent developments and would

also convince the Authority that the circumstances referred to

in the impugned order no longer survive in the light of the

subsequent developments and passage of time. Thus, he seeks

leave to withdraw the petition with liberty to file such

application.

5.    Leave granted. Writ Petition stands disposed of as

withdrawn. The petitioner is at liberty to file fresh application

seeking the same relief as was sought earlier by bringing on

record the subsequent developments in facts.
                                 3
                                                939-wp-15756-2023

6.      If such application is filed, the Authority shall consider

the same on its own merits and in the light of the subsequent

developments. If necessary, an opportunity of hearing shall be

afforded to the concerned parties.

7.      Let this exercise be completed within a period of three

months from the date of appearance of both the parties before

the concerned Authority.




                                     ( AJIT B. KADETHANKAR, J. )

Rushikesh/2026

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