Bombay High Court

KAMAL KEDU KHARE AND ANRversusNARAYANRAO GANPATRAO VINCHURKAR AND ORS

Decided: 28 April 2026
Disposal: Disposed Off
Bench: N JAMADAR

Holding

The High Court held that the petitioners must seek relief by filing an appropriate application before the Maharashtra Revenue Tribunal, and therefore dismissed the writ petition without reaching the merits.

Summary

The petitioners, Kamal Kedu Khare and another, alleged that they were not present before the Maharashtra Revenue Tribunal (MRT) and that their signatures on consent terms were forged, yet the MRT issued an order on 6 February 2024. They challenged this order through a writ petition in the Bombay High Court. The court observed that the proper remedy for such a grievance is to file a fresh application before the MRT, contesting the alleged forgery and lack of presence. Consequently, the High Court did not examine the merits of the petition and disposed of the writ petition, granting the petitioners liberty to approach the MRT. The court directed that any subsequent application before the MRT be decided on its merits in accordance with law.

Issues considered

Whether the High Court can entertain a writ petition challenging an MRT order on the ground of alleged forged consent.
Whether the appropriate remedy is to approach the Maharashtra Revenue Tribunal for redress.

Subjects

tenancy revision
forged consent
jurisdiction
writ petition
Maharashtra Revenue Tribunal

Judgment

                                                                                   42 wp 5553 of 2026.doc

                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION
                                          WRIT PETITION NO.5553 OF 2026

                      Kamal Kedu Khare and Anr.                         ...    Petitioners
                           versus
                      Narayanrao Ganpatrao Vinchurkar and Ors.          …      Respondents

                      Mr. Nikhil M. Pujari, for Petitioners.
                      Mrs. M.S.Srivastava, AGP for State.

                                         CORAM:       N.J.JAMADAR, J.

                                         DATE :       28 APRIL 2026

                      P.C.

                      1.     Heard the learned Counsel for the Petitioners.

                      2.     The challenge in this Petition is to an order dated 6 February 2024

SWAROOP               passed by the Maharashtra Revenue Tribunal (MRT), in Tenancy Revision
SHARAD
PHADKE
Digitally signed by
SWAROOP
SHARAD PHADKE
Date: 2026.05.01
                      No.TNC/REV/NSK/L-106/2022.
11:24:30 +0530




                      3.     Learned Counsel for the Petitioners submits that, though the

                      Petitioners, who were arrayed as Respondent Nos.13 and 14 before the MRT,

                      were shown to be present before the MRT, and also executed the consent

                      terms, they were not present and their signatures on the consent terms have

                      been forged.

                      4.     If these are the allegations, the proper course for the Petitioners would

                      be to file appropriate proceedings before the MRT, Mumbai, raising the

                      grievance that they were not present before the MRT, when the consent terms



                      SSP                                                                 1/2
                                                                42 wp 5553 of 2026.doc

were accepted, and that the revision application was disposed on the basis of

the forged consent terms.

5.    The Writ Petition, thus, stands disposed with liberty to the Petitioners to

prefer an appropriate application before the MRT in the said Tenancy

Revision.

6.    In the event, such an application is filed, the MRT is requested to hear

and decide the same on its own merits and in accordance with law.

7.    It is clarified that, this court has not entered into the merits of the matter.




                                                     ( N.J.JAMADAR, J. )




SSP                                                                    2/2

Continue reading with your account

Checking your session…