KALYAN KESHAVRAO THITEversusTHE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS

2026:BHC-AUG:42044-DB


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                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD
                                  79 WRIT PETITION NO. 3698 OF 2024

                                    Kalyan Keshavrao Thite
                                           VERSUS
                 The State Of Maharashtra Through Its Principal Secretary And
                                            Others
                                              ...
                Mr. D. R. Kale h/f. Mr. Yogesh H. Lagad, Advocate for the
                Petitioner
                Mr. V. M. Kagne, AGP for Respondents/State
                                              …
                                  CORAM : NITIN B. SURYAWANSHI &
                                            ABASAHEB D. SHINDE, JJ.
                                  DATE : 9th SEPTEMBER 2026
                P. C. :-

                1.         This petition is filed seeking following reliefs :-

                        “B. By issuing appropriate writ, order or direction in the
                        like nature, respondent no. 2 and 3 may kindly be
                        directed to conduct inquiry against erring officer as per
                        order cum letter dated 30.10.2023 and 18.11.2023 in
                        time bound manner.

                        C. By issuing appropriate writ, order or direction in the
                        like nature, respondent authorities may kindly directed to
                        take stern action against those officers who have
                        committed illegalities in contravening the provisions of
                        Fragmentation and Consolidation Act and pass
                        appropriate order against those officers.”


                2.         The petitioner is the owner and possessor of property in

                Gut No.68/2 situated at village Mhalas Pimpalgaon. Out of said

                land, 33 R land is jointly purchased by the petitioner and one


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Dhananjay Karbhari Aher. Dhananjay Aher sold 5 R land to

Rutik Gorakshnath Kure in contravention of the provisions of

Maharashtra Prevention of Fragmentation and Consolidation of

Holdings Act, 1947, without permission from the revenue

authorities by way of a registered sale deed dated 07.10.2022.

The village Talathi and Circle Officer without following the

provisions of the Maharashtra Land Revenue Code, 1966 (the

MLR Code) and without calling the objections from the

interested persons certified Mutation Entry No.4460, on the

basis of the sale deed, recording the name of Rutik Gorakshnath

Kure as owner of the said land. The petitioner took objection to

the same. Accordingly, an enquiry was held and the said

Mutation Entry is cancelled. The petitioner also sought action

against the village Talathi and the Circle Officer for certifying

Mutation Entry.

3.        The District Collector has filed an affidavit in reply stating

that the petitioner on 11.09.2023 filed complaint to him about

the said Mutation Entry and requested him to take action

against the erring officers. He forwarded the said complaint to

the Office of Tahsildar, Newasa for enquiry on 18.11.2023.

Tahsildar, Newasa submitted his report dated 31.01.2024, which

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was received by the Office of Collector. Pursuant to the

directions issued by this Court a photocopy of the said report

dated 31.01.2024 is placed on record which is marked as Exhibit

X-1.

       During the course of enquiry, the explanation of the Talathi

and the Circle Officer was called. They submitted the documents

in respect of Mutation Entry No.4460 and their written

explanation. After going through the record and the written

explanation, it was revealed that the Talathi has recorded the

said Mutation Entry on the basis of sale deed dated 07.10.2022

executed by Dhananjay Karbhari Aher in favour of Rutik

Gorakshnath Kure for 0.5 HR out of Gut No.68/2. The Talathi

has recorded the said Mutation Entry on 10.11.2022. Since

objection was raised by one Bhausaheb Baburao Aher and the

petitioner to the said Mutation Entry, the said objection was

registered as Complaint Case no.15/2022 and it was considered

and decided by the Circle Officer after giving opportunity of

hearing to all the concerned parties including the petitioner. The

said complaint was decided on 13.02.2023 and the said

Mutation Entry has been cancelled. It is thus contended that the

grievance of the petitioner is redressed. It is also stated in the

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affidavit that the record reveals that the concerned Talathi and

Circle Officer have discharged their duties as per the provisions

of Section 149 and 150 of the MLR Code. The Collector

therefore concluded that no disciplinary action is warranted

against them.

4.        In the light of the fact that Mutation Entry No.4460 has

been cancelled, the grievance of the petitioner is redressed.

Since the Collector i.e., the disciplinary authority has recorded a

finding that no action against the concerned Talathi and Circle

Officer is warranted as they have followed provision of MLR

Code, we do not find any need to issue direction to the Collector

to initiate disciplinary action against the Talathi and Circle

Officer.

5.        In the light of aforesaid discussion, writ petition is

dismissed.




(ABASAHEB D. SHINDE, J.)               (NITIN B. SURYAWANSHI, J.)




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