DHANANJAY BHIMRAO BANGE AND ANOTHERversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY REVENUE AND FOREST DEPARTMENT AND OTHERS

2026:BHC-AUG:22050



                                                (1)                       920 WP 5484 OF 2026


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                              920 WRIT PETITION NO. 5484 OF 2026

                           DHANANJAY BHIMRAO BANGE AND ANOTHER
                                               VERSUS
            THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY REVENUE AND
                                 FOREST DEPARTMENT AND OTHERS
                                                 ...
           Mr. S. A. Deshmukh, Advocate for the Petitioners
           Mr. V. V. Jahagirdar, AGP for Respondent/s – State
                                                 …

                                            CORAM     : AJIT B. KADETHANKAR, J.
                                                        (VACATION COURT)
                                            DATE      : 02.06.2026

           PER COURT :-

           1.          Mr. Deshmukh, learned Advocate at the outset submits that the

           petitioner has already filed an appeal before the Maharashtra Revenue

           Tribunal, Bench at Aurangabad, under Section 315 of the Maharashtra Land

           Revenue Code read with Section 11 of the Hyderabad Atiyat Inquiries Act,

           1952, challenging the subject matter notice dated 25.05.2026 which is

           impugned in the present writ petition. He further submits that due to the

           summer vacation, the Tribunal is not functional and there is no authority

           available to pass any order in the appeal preferred by the petitioner. He would

           submit that vide the impugned communication dated 25.05.2026, the
                                      (2)                       920 WP 5484 OF 2026


Tahsildar, Jalna has declared an auction for harvesting rights on a yearly basis

in respect of the subject matter land. He submits that the auction is scheduled

for tomorrow, i.e. 03.06.2026. Mr. Deshmukh, learned Advocate further

submits that if the said communication dated 25.05.2026 impugned in the

writ petition is allowed to be acted upon, the appeal filed by the petitioner

before the Tribunal, as also the present writ petition shall become infructuous.


2.          Mr. Jahagirdar, learned AGP would fairly agree that due to the

summer vacation, the Maharashtra Revenue Tribunal, Bench at Aurangabad, is

not functional. Mr. Deshmukh, learned Advocate further submits that the

petitioner intends to prosecute his appeal before the Tribunal and would not

press this petition if, for a limited period, the respondent authorities are

directed not to act upon the impugned notice dated 25.05.2026. It is evident

that the petitioner has already undertaken the appropriate remedy to

challenge the impugned notice dated 25.05.2026 by filing an appeal before

the Maharashtra Revenue Tribunal, Bench at Aurangabad. It is informed that,

due to the summer vacation, the Tribunal shall not function till 08.06.2026. It

is also true that the appeal of the petitioner needs to be decided on its own

merits. In view of this, leave is granted to the petitioner to withdraw the

petition with liberty to prosecute the appeal before the Maharashtra Revenue
                                      (3)                        920 WP 5484 OF 2026


Tribunal, Bench at Aurangabad. Till 15.06.2026, the Tahsildar, Jalna shall not

act upon the impugned public notice/notification dated 25.05.2026 proposing

to conduct an auction for harvesting rights on a yearly basis in respect of the

subject-matter land bearing Survey/Gat No.1, Village Khanepuri, Taluka and

District Jalna. Needless to mention, the Maharashtra Revenue Tribunal, Bench

at Aurangabad is requested to decide the appeal of the petitioner and the

application, if any, filed therein, on its own merits and in accordance with law.


3.          The Writ Petition stands disposed of as withdrawn.



                                                   [AJIT B. KADETHANKAR, J.]
PRW