Bombay High Court

ROYCE BUILDCON PVT LTD THRU PROP.versusTHE TAHSILDAR AND ORS

Decided: 20 August 2026
Disposal: Disposed Off

Holding

The impugned order dated 17 April 2025 is quashed and the matter is remanded to the Tahsildar for fresh adjudication in accordance with law.

Summary

Royce Buildcon Pvt. Ltd., through Shri Suresh Thadani, filed a writ petition challenging an order dated 17 April 2025 issued by the Tahsildar of Ulhasnagar. The petitioner contended that it was not given an opportunity to be heard before the order was passed, and disputed the authority of the persons representing it. The Court observed that the petitioner was indeed not heard and, after the parties agreed, directed that the impugned order be set aside. The matter was remanded to the Tahsildar to reconsider the case afresh, allowing the petitioner to file a reply to the notice. All actions taken under the April 2025 order, including any charges on the petitioner’s property, were rescinded, and the Tahsildar was instructed to conclude the proceedings within 12 weeks. The writ petition was consequently disposed.

Issues considered

Whether the order dated 17 April 2025 passed by the Tahsildar is vitiated by the lack of a hearing to the petitioner
Whether the impugned order should be set aside and the matter remanded for fresh consideration

Subjects

Writ petition
Due process
Quash order
Tahsildar
Property charge
Civil appellate jurisdiction
Procedural fairness

Judgment

Gitalaxmi                                          902-WP-4456-2026.docx



            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION


                  WRIT PETITION NO. 4456 OF 2026
ROYCE BUILDCON PVT. LTD. THROUGH
PROP. SHRI. SURESH THADANI                        ...PETITIONER
                       Versus
THE    TAHSILDAR,     GANDHI     ROAD,
ULHASNAGAR, DIST.-THANE AND OTHERS     ...RESPONDENTS
     Mr. Girish Agrawal a/w Ms. Chitra Darekar, Advocates for the
     Petitioner.
     Mrs. Kalyani Manohar Kadam, Tahasildar, Ulhasnagar, is
     present in the Court.
     Mr. Yatin Shashikant Khochare, “B” Panel Counsel, for the
     State-Respondent Nos. R1 to R4.

                                CORAM     : ARUN R. PEDNEKER, J.

                                DATE      : 20th AUGUST, 2026.
Per Court :
1.       Heard learned counsel appearing for the parties.           The
Tahsildar is also present in the Court.

2.       After arguing for some time, learned counsel for the parties
agree on the basis of record that the present Petitioner was not heard
before passing the impugned order, although notices were issued to
some persons.      The Petitioner has disputed that the persons
representing him were the office bearers of the Petitioner.

3.       Considering the same, a fare suggestion has come from the
learned counsel appearing for the State-Respondent in the matter

                                 Page 1 of 2
                            23rd AUGUST, 2026
Gitalaxmi                                            902-WP-4456-2026.docx



that the impugned order may be set aside and the matter may be
remitted back to the authority concerned, to decide it afresh in
accordance with law.

4.           Learned counsel for the Petitioner has also agreed for the
same.

5.        Considering the same, the impugned order dated 17 th April,
2025 passed by the concerned Tahsildar, would stand quashed. The
matter is remanded back to the Tahsildar, Ulhasnagar.

6.         The Petitioner to appear before the Tahsildar on 3 rd
September, 2026 at 3:00 p.m. The Petitioner would be entitled to
file its reply to the notice issued. Thereafter the concerned Tahsildar
would pass an order in accordance with law.

7.       Any actions taken pursuant to the order dated 17 th April,
2025 passed by the learned Tahsildar, would also stand
rescinded/recalled. Any charge on the properties of the Petitioner in
pursuance of the impugned order of the learned Tahsildar, would
also stand deleted/recalled.

8.      Tahsildar concerned to conclude the proceedings in
accordance with law within a period of 12 weeks.

9.       Writ Petition No. 4456 of 2026 stands disposed of
accordingly.



                                             [ ARUN R. PEDNEKER, J.]

        GITALAXMI
        KRISHNA
        KOTAWADEKAR
        Digitally signed by
        GITALAXMI KRISHNA          Page 2 of 2
        KOTAWADEKAR           23rd AUGUST, 2026
        Date: 2026.08.24
        19:35:46 +0530

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