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
- Bench
- MILIND N JADHAV
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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10.IAST.22794.2025.doc
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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10.IAST.22794.2025.doc
(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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