Bombay High Court

BRIGADIER SANDEEP MAKARAND DESAI AND ORSversusSTATE OF MAHARASHTRA THRU. DEP OF REVENUE AND ORS

Decided: 27 August 2026
Disposal: Disposed Off

Holding

The impugned order is set aside and the matter is remitted to the Minister for fresh consideration on merits with an opportunity of hearing.

Summary

The petitioners challenged an order passed by the Minister concerning mutation entry No. 11792, alleging that they were not informed that the matter would be heard before the Minister without their counsel's assistance. The petitioners sought to set aside the impugned order. Respondent parties (Nos. 5‑8) concurred that the order should be set aside and the matter remitted for fresh consideration. The Court held that the order was procedurally defective and therefore set it aside, directing that the case be returned to the Minister for a merits‑based adjudication with an opportunity of hearing to both parties. The status quo regarding the mutation entry was to be maintained until the Minister’s final decision, and the writ petition was disposed.

Issues considered

Whether the order passed by the Minister without hearing the petitioners is legally valid.
Whether the mutation entry should remain in status quo pending fresh consideration.
Whether the High Court can set aside the Minister's order and remit the matter for fresh adjudication.

Subjects

writ petition
mutation entry
administrative law
hearing
set aside
remand
status quo

Judgment

Gitalaxmi                                            58-WP-16033-2025.docx



            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION


                  WRIT PETITION NO. 16033 OF 2025

BRIGADIER SANDEEP MAKARAND DESAI
AND OTHERS                                          ...PETITIONERS

                        Versus

THE STATE OF MAHARASHTRA
THROUGH DEPT. OF REVENUE AND OTHERS                 ...RESPONDENTS

     Mrs. Rujuta Joshi i/b Ms. Kinjal K. Shah, Advocate for the
     Petitioners.

     Mr. Aseem Naphade a/w Monisha Mane Bhangale, Mr.
     Chandrajit Das, Ms. Deepanjali Mishra & Mr. Kavish Arora i/b
     Parinam Law Associates, Advocates for Respondent Nos. 5 to
     8.

     Mrs. P. J. Gavhane, AGP for the State-Respondent.

                                 CORAM     : ARUN R. PEDNEKER, J.

                                 DATE      : 27th AUGUST, 2026.

Per Court :
1.          Mentioned this matter in the morning out of turn.

2.          Heard learned counsel appearing for the parties.




                                  Page 1 of 2
                             27th AUGUST, 2026
Gitalaxmi                                                         58-WP-16033-2025.docx



3.                Learned counsel for the Petitioners submits that she was not
aware that the matter will be taken up for the final hearing before
the Minister and without her assistance, the Minister has passed the
impugned order.

4.                In pursuance of the submissions made, learned counsel for
Respondent Nos. 5 to 8 fairly agrees that the impugned order be set
aside and the matter be remitted back to the Minister for fresh
consideration on merits.

5.                Considering the same, the impugned order is set aside and
the matter is remitted back to the Minister for adjudication on merits
after giving opportunity of hearing to the parties.

6.                Both the parties to appear in the office of Minister on 8 th
September, 2026. Thereafter the Minister at his convenience may
give any date. Further notice to the parties would not be required in
the matter.

7.                It is however clarified that the status quo, qua the mutation
entry no. 11792 be maintained till the final disposal of the Revision
Application before the Minister.

8.                With these observations, Writ Petition stands disposed of.




                                                          [ ARUN R. PEDNEKER, J. ]
                                                Page 2 of 2
                                           27th AUGUST, 2026
                        Digitally signed
                        by GITALAXMI
            GITALAXMI   KRISHNA
            KRISHNA     KOTAWADEKAR
            KOTAWADEKAR Date:
                        2026.08.28
                        19:06:58 +0530

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