Bombay High Court

KAILASH RAMCHANDRA UPADHYE AND ANOTHERversusTHE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The petitioners are granted liberty to file an appeal before Respondent No. 4 and the writ petition is disposed.

Summary

The petitioners, Kailash Ramchandra Upadhye and another, challenged a measurement order issued by the State of Maharashtra. They filed a writ petition alleging grievance against the respondents' measurement. The learned Additional Government Pleader submitted that the petitioners have a remedy by filing an appeal before Respondent No. 4. The Court, after considering the submission, granted the petitioners liberty to file such an appeal. It also directed that the pendency of the writ petition be taken into account should the issue of condonation of delay arise. Consequently, the writ petition was disposed.

Issues considered

Whether the petitioners have a remedy of filing an appeal against the measurement order?
Whether the writ petition should be disposed by granting liberty to file the appeal?

Subjects

measurement order
writ petition
appeal
condonation of delay
administrative law

Judgment

2026:BHC-AUG:37784-DB


                                                   {1}                   10-wp-4248-2026

                                 IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                            BENCH AT AURANGABAD

                                     10 WRIT PETITION NO. 4248 OF 2026

                             Kailash Ramchandra Upadhye And Another
                                              VERSUS
               The State Of Maharashtra Through Its Principal Secretary And Others
                                                  ...
              Mr. M.D. Gitte, Advocate for the Petitioners
              Mr. S.K. Tambe, AGP for State
                                                .......

                                          CORAM : NITIN B. SURYAWANSHI AND
                                                   ABASAHEB D. SHINDE, JJ.


                                             DATE : 19th AUGUST, 2026
              PER COURT :

              1.       Petitioners are aggrieved by the measurement carried out by the

              Respondents.

              2.       Learned AGP submits that the petitioners have remedy of filing

              appeal before Respondent No. 4.

              3.       Writ Petition is therefore disposed of by granting liberty to the

              Petitioners to file such appeal.

              4.       Pendency of this petition shall be taken into consideration if the

              question of condonation of delay arises.



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



              Bhagyawant Punde

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