Bombay High Court

SHIVKARSINH NARSINH THAKURversusGANESHSINH GULABSINH THAKUAR AND OTHERS

Disposal: DISPOSED OFF
Bench: S G CHAPALGAONKAR

Holding

The court directed the respondent to decide the petitioner’s pending appeal within eight weeks, thereby disposing of the writ petition.

Summary

The petitioner, Shivkarsinh Narsinh Thakur, filed a writ petition challenging an order dated 13 June 2025 by the Deputy Director of Land Records, which rejected his application for a stay of a pending appeal (R.O.R. Appeal/S.R./985/2025). The appeal is currently before the Deputy Director, and the petitioner sought a stay of an earlier order by the District Superintendent of Land Records, Nanded. The petitioner’s counsel argued that the main appeal is scheduled for hearing before respondent No.5 on 21 April 2026, and that the court should not examine the merits but ensure the appeal is decided promptly. The court agreed that expeditious disposal of the pending appeal would serve the purpose of the petition. Consequently, the writ petition was disposed of with a direction to respondent No.5 to decide the pending appeal within eight weeks of the order.

Issues considered

What is the appropriate remedy when a lower authority rejects a petition for stay of a pending land records appeal?
Whether the High Court should intervene to expedite the decision of the pending appeal rather than adjudicate the merits of the stay application.

Subjects

writ petition
stay order
land records
appeal
expeditious disposal
jurisdiction

Judgment

2026:BHC-AUG:14986


                                                 1                    wp 8030.2025.odt

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                945 WRIT PETITION NO. 8030 OF 2025

                                     Shivkarsinh Narsinh Thakur
                                               VERSUS
                              Ganeshsinh Gulabsinh Thakuar And Others
                                                   ...
                                 Advocate for Petitioner : Mr. Syed G R
                           AGP for Respondent State : Mr. S.R. Yadav-Lonikar

                                        CORAM : S. G. CHAPALGAONKAR, J.
                                        Dated     : April 08, 2026

                     PER COURT :-

                     1.    Present writ petition takes exception to the order dated

                     13.6.2025 passed by the Deputy Director of Land Records,

                     Chhatrapati Sambhajinagar, thereby rejecting petitioner’s

                     application seeking stay to the R.O.R. Appeal/S.R./985/2025.


                     2.    The record indicates that petitioner’s appeal is pending

                     before the Deputy Director of the Land Records, Chhatrapati

                     Sambhajinagar. Petitioner had filed an application for stay to

                     the order passed by the District Superintendent of Land

                     Records, Nanded.
                                2                     wp 8030.2025.odt

3.       Mr. Syed, learned advocate appearing for the petitioner

informs that now the main appeal is kept for hearing before

the respondent no.5 on 21.4.2026.


4.       In that contingency, instead of delving into contentions

on merit, purpose would be served, if the appeal pending

before respondent no.5 is decided expeditiously.


5.       In result, writ petition stands disposed of with directions

to respondent no.5 to decide petitioner’s pending appeal within

a period of (8) Eight weeks from today.



                                     ( S. G. CHAPALGAONKAR, J. )
                                    ...

AAA/-f

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