DHANRAJ DHANANJAY DATTU DATAL AND OTHERSversusANANT MADHAVRAO SHINDE AND OTHERS

2026:BHC-AUG:39535


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                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                           BENCH AT AURANGABAD
                                        WRIT PETITION NO. 7764 OF 2013
                                     Dhanraj Dhananjay Dattu Datal And Others
                                                      VERSUS
                                        Anant Madhavrao Shinde And Others
                                                         ...
                                     Advocate for the Petitioners : Mr. B.N. Patil
                                    AGP for Respondent/State : Mr. D.B. Bhange
                              Advocate for Respondent Nos.1 & 3 : Ms. G.N. Chincholkar
                                                         ...
                                                     CORAM : ROHIT W. JOSHI, J.
                                                     DATED : AUGUST 31, 2026
                      P.C.:

                      1.        Present petition is filed in order to assail the judgment and

                      order dated 22.11.2012 passed by Sub-Divisional Officer, Latur, thereby

                      staying proceedings in appeal bearing No.2011/ROR/A/128.

                      2.        The petitioners have preferred the said appeal in order to

                      challenge order dated 22.08.2011 passed by the Tahsildar, Latur under

                      Section 143(4) of the Maharashtra Land Revenue Code, 1966. The

                      Sub-Divisional Officer has granted stay to the proceedings in appeal on

                      the ground that one Baswant Manohar Shinde and five others have

                      preferred a suit being Regular Civil Suit No.538 of 2012 in order to

                      challenge the order dated 22.08.2011 passed by the Tahsildar. The

                      Sub-Divisional Officer has recorded that since substantive civil suit was

                      pending before the competent Civil Court in order to assail same order,

                      it would be expedient to stay further proceedings in appeal filed by the

                      present petitioners assailing the same order. Since then, the suit has


         Mujaheed//
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             been dismissed.      Apart from this, the plaintiffs in civil suit and

             appellants in appeal before the Sub-Divisional Officer are different

             individuals.

             3.          Learned advocate for the petitioners also draws attention to

             the order passed by the Tahsildar, which is impugned in the appeal as

             also in the civil suit to demonstrate that plaintiffs in said civil suit have

             filed affidavit supporting the contention of respondents, who were

             seeking orders for grant of way under Section 143(1) of the

             Maharashtra Land Revenue Code, 1966.

             4.          Since the appellants in appeal before the Sub-Divisional

             Officer and plaintiffs in civil suit are different individuals, the civil suit

             is already decided on merit and there is a allegation as regards

             collusion between plaintiffs in civil suit and defendants therein, it will

             be expedient to quash and set aside order dated 22.11.2012 passed by

             the Sub-Divisional Officer in Appeal No. 2011/ROR/A/128 and direct

             the Sub-Divisional Officer to decide the appeal on merits in accordance

             with law.

             5.          Writ Petition is disposed of by quashing and setting aside

             order dated 22.11.2012 by directing the Sub-Divisional Officer to

             decide the appeal, as expeditiously as possible and in any case before

             31.03.2027.


                                                            [ROHIT W. JOSHI J.]

Mujaheed//