NANDLAL GANGARAM AHIR DIED THROUGH LRS PANDHRINATH NANDLAL AHIR AND OTHERSversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

2026:BHC-AUG:40224



                                                  (1)                    926 WP 3852 OF 2023


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                              926 WRIT PETITION NO. 3852 OF 2023

           NANDLAL GANGARAM AHIR DIED THROUGH LRS PANDHRINATH NANDLAL
                                          AHIR AND OTHERS
                                               VERSUS
            THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
                                                   ...
           Mr. C. D. Biradar, Advocate for the Petitioners
           Mr. R. K. Ingole, AGP for Respondent Nos.1 to 4 – state
           Mr. S. T. Salve, Advocate for Respondent No.7
                                                  …

                                           CORAM        : AJIT B. KADETHANKAR, J.
                                           DATE         : 02.09.2026

           PER COURT :-

           .           Heard.


           2.          The petitioners have filed this writ petition with substantive

           prayer clause “B” which reads thus :


                 “By way of appropriate Writ, order or direction in the nature
                 of Writ of Mandamus, may it kindly be directed to respondent
                 no. 3,4 and 5 to execute and implement the Judgment and
                 Order dated 01.08.2018 passed by Ld. Tahsildar, Aurangabad
                 in file no. 2017/LR/TNC/Kavi-03 and as per the Ownership
                 Certificate granted by Tribunal, Aurangabad on 26.01.1965
                 under section 38-G in respect of land Sy. No. 137 (Gut No
                 304/117) adm. 13 A.07 G situated at Village Jatwada, Tq. and
                 Dist. Aurangabad and record the name of L.Rs. of Nandlal s/o
                 Gangalal Ahir i.e. present petitioners in 7/12 extract as owner
                 and as per the representation dated 15.11.2019, 20.11.2013
                 and 15.02.2022 to the respondent no.3,4 and 5 for execution
                                      (2)                        926 WP 3852 OF 2023


      and implementation of Judgment and Order dated
      01.08.2018 passed by Ld. Tahsildar, Aurangabad in file no.
      2017/LR/TEN./Kavi.03 of petitioners.”


3.          In short, it is the case of the petitioners that to the extent of land

admeasuring 13 Acres 07 Gunthas situated at Survey No.137 Village Jatwada

Tq. and Dist. Chhatrapati Sambhajinagar a declaration under Section 38-G of

the Hyderabad Tenancy and Agricultural Lands Act, 1950 was granted

pursuant to the grant of the Ownership Certificate. Proceedings were

thereafter initiated before the Tahsildar for recording mutation. The Tahsildar

conducted an enquiry between the petitioners and the original owners i.e.

present respondent Nos.6 and 7. After hearing the parties, the application

came to be allowed vide order dated 01.08.2018. Directions were given to the

concerned Talathi to mutate the names of the petitioners in respect of the land

bearing Survey No.137 (Gat No.304/117), to the extent of 13 Acres 07

Gunthas, pursuant to the Ownership Certificate referred to above.


4.          Since the Talathi has not acted upon the said order, the petitioners

have approached this Court. During the proceedings, it is brought to my notice

that respondent Nos.6 and 7 approached the Deputy Collector, Chhatrapati

Sambhajinagar under Section 90 of the Act of 1950. The said proceedings

were delayed proceedings. Vide order dated 30.06.2025, the authority i.e.
                                      (3)                       926 WP 3852 OF 2023


Deputy Collector was pleased to reject the said application. It is observed that

the said order shall be subject to the decision in Writ Petition No.3852 of 2023

i.e. the present Writ Petition.


5.           There is nothing on record before me to show that the order

dated 01.08.2018 has been set aside or cancelled by any authority. Although

reply affidavit is filed by respondent No.7 to oppose the Writ Petition, he has

also admitted before this Court that the said order dated 01.08.2018 still holds

the field. In view of this, unless and until the order dated 01.08.2018 is

recalled, cancelled or set aside by an appropriate legal mode, the concerned

Talathi is bound to implement the said order.


6.           In view of this, the Writ Petition stands disposed of with a

direction to respondent No.5 to implement the order dated 01.08.2018 passed

by the Tahsildar within a period of two weeks from today. If any challenge is

raised to the order dated 01.08.2018, the said challenge shall be dealt with by

the concerned authority on its own merits and subject to the provisions of law.

The said authority shall also take into consideration that the application for

condonation of delay in the proceedings under Section 90 of the Act of 1950

has also been dismissed by the Deputy Collector.
                                     (4)                      926 WP 3852 OF 2023


7.         With this, the Writ Petition stands disposed of.


8.         Compliance of the order shall be filed before the learned Registrar

(Judicial) of this Court within two weeks from today and placed before this

Court.




                                                  [AJIT B. KADETHANKAR, J.]
PRW