Bombay High Court

BALU SHANKAR KOTKAR AND ANOTHERversusTHE SUB DIVISIONAL OFFICER AHILYANAGAR AND OTHERS

Disposal: DISPOSED OFF
Bench: S G CHAPALGAONKAR

Holding

The Sub Divisional Officer must promptly decide the appeal and direct the Circle Officer to withhold execution of possession until the next hearing.

Summary

The petitioners appealed to the Sub Divisional Officer against a partition chart (vatap takta) prepared by the Tahsildar under a regular darkhast. The Sub Divisional Officer initially stayed the Tahsildar's proceedings but later allowed the stay to lapse, after which the Circle Officer issued a notice for delivery of possession based on the partition chart. The petitioners sought a continuation of the stay pending their appeal. The High Court directed the Sub Divisional Officer to decide the appeal expeditiously and ordered the Circle Officer to withhold execution of possession until the next hearing on 8 June 2026. The writ petition was consequently disposed with these observations.

Issues considered

What is the appropriate procedural step for the Sub Divisional Officer regarding the continuation of the stay and execution of possession pending the petitioners' appeal?

Subjects

partition chart
stay order
execution of possession
appeal
Sub Divisional Officer
Circle Officer
writ petition
High Court

Judgment

2026:BHC-AUG:21993

(1) 924-wp-5413-2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

WRIT PETITION NO. 5413 OF 2026

BALU SHANKAR KOTKAR AND ANOTHER
VERSUS
THE SUB DIVISIONAL OFFICER AHILYANAGAR AND
OTHERS
...
Mr. Rajendra Sudam Kasar, Advocate for the Petitioners.
Mr. P. K. Lakhotiya, AGP for Respondents-State.
…
CORAM : S. G. CHAPALGAONKAR, J.
(VACATION COURT)
DATE : 26th MAY, 2026.
P.C:-

1. Heard Mr. Kasar, learned Advocate appearing for

petitioners.

2. It is contention of petitioners that they have filed Appeal

before Sub Divisional Officer against partition chart/vatap takta

prepared by Tahsildar in pursuance to precept issued in Regular

Darkhast No.10/2024. Initially, Sub Divisional Officer was

pleased to grant stay to proceeding before Tahsildar and posted

Appeal for further hearing on 08.06.2026. The interim stay

granted earlier is not continued. Eventually, Circle Officer has

issued notice proposing delivery of possession on 27.05.2026 in

terms of partition chart prepared by Tahsildar.

3. Considering submissions advanced, Sub Divisional Officer is

directed to expeditiously decide petitioners’ Appeal. The Sub
(2) 924-wp-5413-2026

Divisional Officer shall pass appropriate order directing Circle

Officer to withhold execution till next date of hearing of Appeal

i.e. 08.06.2026.

4. Writ Petition stands disposed of with aforesaid

observations.

(S. G. CHAPALGAONKAR)
JUDGE

Devendra/May-2026

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