Bombay High Court

BHAUSAHEB LIMBAJI THORATversusTHE COMMISSIONER OF CONSOLIDATION AND OTHERS

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

The writ petition is disposed of without adjudicating the merits, directing the petitioner to seek relief through a fresh application before the revenue authority.

Summary

Bhau Saheb LimbaJi Thorat filed a writ petition alleging that after the implementation of a land consolidation scheme, his land area was incorrectly reduced from 32‑R to 26‑R in the records. He sought the court’s intervention to rectify the error. The court observed that the petitioner intends to file a fresh application before the Deputy Superintendent of Land Records for a fresh survey and measurement. Consequently, the court disposed of the writ petition without expressing any view on the merits, directing the revenue authority to consider the fresh application on its own merits and to complete the measurement within six months. All pending civil applications, if any, were also disposed of.

Issues considered

What is the appropriate forum for rectifying a discrepancy in land measurement after a consolidation scheme?
Can a writ petition be entertained when an administrative remedy is pending?

Subjects

land consolidation
measurement dispute
writ petition
administrative remedy
revenue law

Judgment

2026:BHC-AUG:10009



                                                                       79 WP No.218.2023
                                                  -1-

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                                 WRIT PETITION NO. 218 OF 2023

                                  BHAUSAHEB LIMBAJI THORAT
                                              VERSUS
                    THE COMMISSIONER OF CONSOLIDATION AND OTHERS
                                                  ...
              Advocate for the Petitioner : Mr. Santosh S. Jadhavar
              AGP for Respondents-State : Mr. D. R. Korde
                                                  ...

                                 CORAM : SIDDHESHWAR S. THOMBRE, J.
                                     Date : 4th March, 2026

              PER COURT :-


              1.          Heard learned counsel for respective sides.



              2.          The learned counsel for the petitioner submits that, as per

              the communication annexed at page 88 of the petition, the petitioner

              intends to move a fresh application before the Deputy Superintendent

              of Land Records (DSLR) for the measurement of the subject land. It is

              specifically contended that prior to the implementation of the

              Consolidation Scheme, the petitioner was in possession of 32-R of land.

              However, the post-consolidation records erroneously reflect a reduced

              area of 26-R. The petitioner seeks to rectify this error through a survey.
                                                           79 WP No.218.2023
                                     -2-

3.            In view of the petitioner’s intent to seek administrative

redressal, the present writ petition is disposed of.



4.            It is explicitly clarified that this Court has not expressed any

opinion on the merits of the claim, and all the points remain open for

adjudication.



5.            If the petitioner files a fresh application for measurement,

the concerned Revenue Authority shall consider the same on its own

merits and in accordance with the law. The Authority is further directed

to decide the said application and conclude the measurement process

within a period of six months from the date of filing.



6.            Pending civil applications, if any, also stands disposed of.




                                           (SIDDHESHWAR S. THOMBRE, J.)



Omkar Joshi

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