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Bombay High Court

SHRI.LAXMAN GANPAT VISE (SINCE DECEASED) THROUGH HIS LEGAL HEIRS 1.1.SMT. CHABAVBAI L. VISE and ORversusSHRI. NIJAMODDIN MUNIRODDIN KAZI AND ORS.

Decided
Disposal
Disposed Off

Holding

The orders dated 31.08.1998 and 05.04.1999 are set aside and the Divisional Commissioner is directed to rehear the matter afresh with adequate opportunity of hearing to all parties.

Summary

The petitioners challenged orders dated 31 August 1998 and 5 April 1999 issued by the Additional Commissioner, Nashik Division, on the ground that they were passed without any hearing, violating principles of natural justice. The High Court found the claim of lack of hearing undisputed and, without delving into the merits, set aside both orders. It directed the Divisional Commissioner to rehear the revision application afresh, granting all parties adequate opportunity to be heard and to pass a reasoned order within four months. The Court also ordered that the status quo of the subject land be maintained for four weeks and allowed the parties to seek interim relief from the Divisional Commissioner. Consequently, the writ petition and the pending interim application were both disposed of.

Issues considered

  • Whether the orders dated 31.08.1998 and 05.04.1999 passed without hearing violate the principles of natural justice
  • Whether such orders can be set aside and a fresh hearing directed

Subjects

  • natural justice
  • hearing
  • writ petition
  • revision
  • review
  • status quo
  • administrative law

Judgment

                                                                10.IAST.22794.2025.doc

Ajay
                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             CIVIL APPELLATE JURISDICTION

                         WRIT PETITION NO. 6520 OF 1999

       Laxman Ganpat Vise
       Since deceased through his legal heirs
       Chababai Laxman Vise and Ors.                         .. Petitioners
             Versus
       Nijamoddin Muniroddin Kazi and Ors.                   .. Respondents

                                    WITH
                  INTERIM APPLICATION (ST) NO. 22794 OF 2025
                                      IN
                        WRIT PETITION NO. 6520 OF 1999

       Aiysha Begum Sujaudin Kazi and Ors.           .. Applicants
       IN THE MATTER OF:
       Laxman Ganpat vise,
       Since deceased through his heirs and legal
       representatives Smt. Chababai Laxman Vise and
       Ors                                           .. Petitioners
             Versus
       Nijamuddin Muniruddin Kazi and Ors.           .. Respondents
                                  ....................
        Mr. Drupad Patil, Advocate for Petitioner.
        Mr. Alankar Kirpekar a/w. Mr. Shantanu Chandratre and Mr. Ayush
         Tiwari, Advocates i/by Shantanu Chandratre for Applicants in
         Interim Application and Respondents in Writ Petition.
        Mr. P.P. More, AGP for Respondent – State.
                                     ......…........…
                                        CORAM           : MILIND N. JADHAV, J.
                                        DATE            : JANUARY 13, 2026.

       P.C.:

       1.        Heard Mr. Patil, learned Advocate for Petitioner; Mr.

       Kirpekar, learned Advocate for Applicants in Interim Application and

       Respondents in Writ Petition and Mr. More, learned AGP for

       Respondent – State.

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2.         Present Writ Petition is filed for challenging the orders

passed by the Additional Commissioner, Nashik Division, Nashik dated

31.08.1998 passed in Revision Application No.8 of 1998 and

05.04.1999 passed in Review Application No.1 of 1999.


3.         According to Mr. Patil, order dated 31.08.1998 was passed

without giving any hearing to Petitioners. The said fact is not disputed.

Without expressing any opinion on merits, the following order is

passed:-


           (i)   The orders dated 31.08.1998 and 05.04.1999 passed by

                 the Divisional Commissioner stand set aside;

           (ii) The Divisional Commissioner, Nashik Division, Nashik is

                 directed to hear the Revision Application No.8 of 1998

                 afresh by giving adequate opportunity of hearing to all

                 the parties to the Petition and pass a reasoned speaking

                 order within a period of four (4) months from the date;

           (iii) All contentions of the parties are expressly kept open;

           (iv) Respondent Nos.5 to 39 be allowed to address the

                 Divisional Commissioner in capacity of Applicants;

           (v) Parties to the Petition shall keep the status quo of the

                 subject land until four weeks and leave to apply for

                 interim relief to the Divisional Commissioner is granted

                 to the parties; and

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                                           (vi) Both the concerned parties are directed to appear

                                                before the concerned Divisional Commissioner on 21st

                                                January 2026 at 12:00 noon.


                                 4.        In view of the above, Writ Petition is disposed.


                                 5.        In view of disposal of Writ Petition, pending Interim

                                 Application is also disposed.


                                                                    [ MILIND N. JADHAV, J. ]

     Ajay
              Digitally signed
              by AJAY
AJAY       TRAMBAK
TRAMBAK    UGALMUGALE
UGALMUGALE Date: 2026.01.13
              17:40:15 +0530




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