Bombay High Court
ASARAM S/O RAMU DIWALE AND OTHERSversusTHE STATE OF MAHARASHTRA THROUGH THE DEPARTMENT OF REVENUE AND FORESH AND OTHERS
- Disposal
- DISPOSED OFF
- Bench
- S G CHAPALGAONKAR
Holding
The writ petition is disposed of, and the Sub‑Divisional Officer is directed to decide the revision application on its merits within one week.
Summary
The petitioners, including Asaram, filed a writ petition challenging the termination of an interim order that barred them from obstructing a way, which had been granted by the Sub‑Divisional Officer under Section 23 of the Mamlatdar’s Court Act. The respondents, the State of Maharashtra, had earlier rejected the petitioners' application under Section 5 of the same Act, prompting the revision. The Sub‑Divisional Officer had initially limited the relief to 02‑03‑2026 but did not extend it. The High Court examined whether the petitioners were entitled to continued interim relief and directed the Sub‑Divisional Officer to decide the pending revision application on its merits within one week. Consequently, the writ petition was disposed of with a directive for prompt adjudication of the revision.
Issues considered
- What is the appropriate procedure for extending or continuing interim relief under the Mamlatdar’s Court Act?
- Whether the Sub‑Divisional Officer must decide the revision application on its merits within a stipulated time.
Legislation cited
- Mamlatdar's Court Act — s. 23, 5
Subjects
- writ petition
- revision
- Mamlatdar’s Court Act
- interim relief
- administrative law
Judgment
2026:BHC-AUG:9333
85-wp-2327-2026.odt
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 2327 OF 2026
Asaram S/o Ramu Diwale And Others
VERSUS
The State Of Maharashtra Through The Department Of Revenue And
Foresh And Others
...
Advocate for the Petitioners : Mr. Shingare Keshav F.
AGP for Respondent/State : Ms. R.R. Tandale
...
CORAM : S. G. CHAPALGAONKAR, J.
DATED : MARCH 04, 2026
PER COURT :-
1. Heard learned advocate appearing for petitioners.
2. The respondents have filed proceeding under Section 5 of
Mamlatdar’s Court Act. The learned Tahsildar rejected the application.
Therefore, revision application under Section 23 is filed before Sub-
Divisional Officer. On 23.02.2026, the Sub-Divisional Officer granted
limited relief directing petitioners not to obstruct the way till
02.03.2026. It is informed that now, the revision application is posted
for hearing and interim order that was in operation till 02.03.2026, is
not continued.
3. In light of aforesaid factual aspects, writ petition stands
disposed of with direction to learned Sub-Divisional Officer to decide
revision application on its own merit within a period of one week
from today.
85-wp-2327-2026.odt
(2)
4. Parties to co-operate.
(S.G. CHAPALGAONKAR, J.)
Mujaheed//
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