Bombay High Court

BHAUSAHEB ASARAM CHOPADEversusTHE STATE OF MAHARASHTRA THROUGH COLLECTOR AND OTHERS

Disposal: DISPOSED OFF
Bench: S G CHAPALGAONKAR

Holding

The Court ordered the respondent to decide the pending proceeding within eight weeks from the date of the order.

Summary

The petitioner filed an application under Section 5(2) of the Mamlatdar’s Courts Act before the Tahsildar, Newasa, which remained pending at the stage of issuing notice. He invoked a Government Resolution dated 22 May 2025, which mandates that proceedings under Section 143 of the Maharashtra Land Revenue Code or Section 5 of the Mamlatdar’s Courts Act be decided within 90 days. The petitioner sought a court order directing the respondent to expedite the decision. The Court examined whether it could enforce the time‑frame prescribed in the resolution. It held that the petition could be disposed of by directing the respondent to decide the pending proceeding within eight weeks. Accordingly, the writ petition was disposed with a specific deadline for the respondent.

Issues considered

Whether the High Court can direct the respondent to decide a pending proceeding under Section 5 of the Mamlatdar’s Courts Act within a time‑frame prescribed by a Government Resolution.

Legislation cited

Maharashtra Land Revenue Code — s. 143
Mamlatdar’s Courts Act — s. 5(2)

Subjects

Writ petition
Mamlatdar’s Courts Act
Maharashtra Land Revenue Code
expeditious disposal
government resolution
administrative law

Judgment

2026:BHC-AUG:12122
                                            (1)                     914-wp-2233-2026.odt



                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                                WRIT PETITION NO. 2233 OF 2026

                             BHAUSAHEB ASARAM CHOPADE
                                           VERSUS
               THE STATE OF MAHARASHTRA THROUGH COLLECTOR AND
                                           OTHERS
                                              ...
               Mr. Shubham Dattatrya Jayabhar, Advocate for the Petitioner.
               Mr. S. D. Ghayal, AGP for Respondents-State.
                                              …

                                           CORAM : S. G. CHAPALGAONKAR, J.
                                           DATED : 18th MARCH, 2026.

               P.C.:-

               1.       The petitioner raises limited grievance in this petition that

               although his application is filed under Section 5(2) of Mamlatdar’s

               Courts Act before Competent Authority i.e. Tahsildar, Newasa vide

               Rasta Case No.91/2025, same is kept pending at the stage of

               issuance of notice to respondents.


               2.       Mr. Jayabhar, learned Advocate appearing for petitioner

               invites     attention   of this    Court   to Government     Resolution

               No.tfeu&2025@iz-dz-&47@t&1v dated 22.05.2025 issued by Revenue and

               Forest Department, State of Maharashtra, which contemplates

               that any proceeding initiated under Section 143 Maharashtra Land

               Revenue Code or Section 5 of Mamlatdar’s Courts Act shall be

               expeditiously decided and disposed of within 90 days period from

               date of presentation of application.
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3.      In light of submissions advanced, it is expected that

respondent no.2 shall endeavour to decide pending proceeding

expeditiously and in any case within period of three months as

contemplated under Government Resolution dated 22.05.2025.


4.      In that view of matter, Writ Petition stands disposed of with

direction to respondent no.2 to decide pending proceeding of

petitioner within period of eight weeks from today.



                                      (S. G. CHAPALGAONKAR)
                                               JUDGE
Devendra/March-2026

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