Bombay High Court

EKNATH BHIKA ALIAS BAKAJI SURYAVANSHI (BHILLA)versusCHITRA SURENDRASINGH PARDESHI

Decided: 12 June 2026
Disposal: Disposed Off
Bench: ARUN R PEDNEKER

Holding

The petition is disposed, with liberty granted to the petitioner to file a civil suit and to defend the remanded proceedings before the Mamlatdar.

Summary

The petitioner filed a writ petition challenging an order dated 26 November 2025 issued by the Revisional Authority under Section 23 of the Mamlatdar’s Courts Act, 1906, which had set aside the Mamlatdar’s order under Section 5 dismissing the respondents’ application for removal of obstruction and remitted the matter for reconsideration. The petitioner expressed a preference to file a civil suit to contest the orders of the authorities constituted under the Act. The Court observed that Section 22 of the Act makes any order of such authorities subject to any interim or final order passed in a civil suit concerning the same subject matter. Consequently, the Court disposed of the writ petition, granting the petitioner liberty to institute a civil suit and to defend the remanded proceedings before the Mamlatdar if advised. The order was digitally signed by the judge on 16 June 2026.

Issues considered

Whether the writ petition challenging the Revisional Authority’s order is maintainable in view of Section 22 of the Mamlatdar’s Courts Act, 1906.
Whether the petitioner must pursue a civil suit instead of the writ petition to obtain relief against the orders of the authorities under the Act.

Legislation cited

Mamlatdar’s Courts Act, 1906 — s. 22, 23, 5

Subjects

Writ petition
Mamlatdar’s Courts Act
Revisional Authority
Section 22
Civil suit
Removal of obstruction
Jurisdiction

Judgment

Gitalaxmi                                                  33-WP-5017-2026.docx



            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION


                    WRIT PETITION NO. 5017 OF 2026

SHRI.  EKNATH    BHIKA               ALIAS        BAKAJI
SURYAVANSHI (BHILLA)                                       ...PETITIONER

                         Versus

CHITRA SURENDRASINGH PARDESHI
AND OTHERS                                                 ...RESPONDENTS




     Ms. Asha Nanasaheb Gunjal, Advocate for the Petitioner
     appointed through Legal-aid.

     Petitioner is present in the Court.

     Mr. Bapusaheb B. Dahiphale, AGP, for the State-Respondent.




                                  CORAM      : ARUN R. PEDNEKER, J.

                                  DATE       : 12th JUNE, 2026.

Per Court :


1.          Heard learned counsel for the Petitioner.



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2.          In the present Petition, the Petitioner challenges the order

dated 26th November, 2025 passed by the Revisional Authority under

Section 23 of the Mamlatdar’s Courts Act, 1906 (“the Act”), whereby

the Revisional Authority has set aside the order passed by the

Mamlatdar under Section 5 of the Act, dismissing the Application

filed by the Respondents for removal of obstruction and has remitted

the matter back to Mamlatdar for reconsideration.


3.          Learned counsel appearing for the Petitioner submits that

she would prefer a suit to challenge the orders passed by the

Authorities constituted under the Act.


4.          In view of Section 22 of the Act, any orders passed by the

Authorities constituted under the Act would be subject to any interim

or final order passed qua the same subject matter in the Civil Suit.


5.          In view of the same, the Petition is disposed of with liberty

to the Petitioner to file such Suit and to seek such appropriate

remedy as is available in law. The Petitioner is also at liberty to




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                              12th JUNE, 2026
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defend the remanded proceedings before the Mamlatdar, if so

advised.




                                                         [ ARUN R. PEDNEKER, J.]


                        Digitally signed
                        by GITALAXMI
            GITALAXMI   KRISHNA
            KRISHNA     KOTAWADEKAR
            KOTAWADEKAR Date:
                        2026.06.16
                        18:15:17 +0530




                                             Page 3 of 3
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