Bombay High Court
IKHATYAR ADAM MUJAWARversusSTATE OF MAHARASHTRA AND ORS
- Disposal
- Disposed Off
Holding
The notice was procedurally defective and must be withdrawn, with a fresh notice to be issued in compliance with Section 53 of the Maharashtra Land Revenue Code.
Summary
The petitioners challenged the issuance of a show‑cause notice dated 27 March 2026 by the Tehsildar, Hatkanagale, alleging that it was not issued in accordance with the procedure prescribed under Section 53 of the Maharashtra Land Revenue Code. The High Court examined whether the notice complied with the statutory requirements of that section. The learned Additional Government Pleader (AGP) acknowledged the procedural lapse and stated that the notice would be withdrawn and a fresh notice issued following the correct procedure. Accordingly, the Court ordered that all the writ petitions be disposed of, granting the Tehsildar liberty to re‑issue the notices lawfully. The Court also kept all parties' contentions open for future reference.
Issues considered
- Did the show‑cause notice issued by the Tehsildar comply with the procedure mandated by Section 53 of the Maharashtra Land Revenue Code?
Legislation cited
- Maharashtra Land Revenue Code — s. 53
Subjects
- show‑cause notice
- procedural compliance
- Maharashtra Land Revenue Code
- Section 53
- writ petition
- land revenue administration
- Tehsildar
Judgment
910-1810-2026-CWP-C=.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 1810 OF 2026
Digitally
signed by Shrikant Pandurang Chavan … Petitioner
UDAY UDAY
SHIVAJI
SHIVAJI JAGTAP
Versus
Date:
JAGTAP 2026.04.30
18:45:01
+0530
The State of Maharashtra & Ors. … Respondents
WITH
WRIT PETITION NO. 1816 OF 2026
Iqbal Moula Sayyad … Petitioner
Versus
The State of Maharashtra & Ors. … Respondents
WITH
WRIT PETITION NO. 1817 OF 2026
Rajaram Maruti Ghorpade (deceased Thr Lrs) Rohit … Petitioner
Rajaram Ghorpade
Versus
The State of Maharashtra & Ors. … Respondents
WITH
WRIT PETITION NO. 1811 OF 2026
Ramesh Bandopanth Chavan … Petitioner
Versus
The State of Maharashtra & Ors. … Respondents
Uday S. Jagtap 1 of 4
910-1810-2026-CWP-C=.doc
WITH
WRIT PETITION NO. 1812 OF 2026
Suresh Shamrao Khot … Petitioner
Versus
The State of Maharashtra & Ors. … Respondents
WITH
WRIT PETITION NO. 1813 OF 2026
Shankar Dattatray Yadav … Petitioner
Versus
The State of Maharashtra & Ors. … Respondents
WITH
WRIT PETITION NO. 1814 OF 2026
Ikhatyar Adam Mujawar … Petitioner
Versus
The State of Maharashtra & Ors. … Respondents
WITH
WRIT PETITION NO. 1815 OF 2026
Dilip Pandurang Dhanwade … Petitioner
Versus
The State of Maharashtra & Ors. … Respondents
………….
Mr. Umesh Mankapure a/w Parth Pitambare for the Petitioners.
Mr. S.B. Kalel,AGP for Respondent-State in WP 1810/2026
Mr. V.M. Mali, AGP for Respondent-State in WP 1817/2026
Uday S. Jagtap 2 of 4
910-1810-2026-CWP-C=.doc
Ms. T.J. Kapre, AGP for Respondent-State in WP 1811/2026
Mr. A.A. Naik, AGP for Respondent-State in WP 1812/2026, 1814/2026
Mr. R.P. Kadam, AGP for Respondent-State in WP 1813/2026
Mr. S.N. Deshmukh, AGP for Respondent-State in WP 1815/2026
Mr. V.M. Mali, AGP for Respondent-State in WP 1816/2026
………….
CORAM : MADHAV J. JAMDAR &
PRAVIN S. PATIL, JJ.
DATE : 28th APRIL, 2026.
P. C. :
1. In all these matters, identical issue is raised by the Petitioners that
without following the prescribed procedure as contemplated under
Section 53 of the Maharashtra Land Revenue Code, the show-cause
notice dated 27th March 2026 came to be issued by the Tehsildar,
Hatkanagale, Dist. Kolhapur.
2. Learned AGP, on instructions, makes a statement that the notice
which was issued to the Petitioners will be withdrawn immediately and
fresh notices will be issued as per the procedure prescribed under Section
53 of the Maharashtra Land Revenue Code.
3. In view of the statement of the learned AGP, all the Writ Petitions
stand disposed of with liberty to the Respondent-Tehasildar to issue
appropriate notices to the petitioners in accordance with law.
Uday S. Jagtap 3 of 4
910-1810-2026-CWP-C=.doc
4. All contentions of all the parties are expressly kept open.
[PRAVIN S. PATIL, J. ] [MADHAV J. JAMDAR, J.]
Uday S. Jagtap 4 of 4
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