SUNITA GANGADHAR SURYAWANSHIversusSHANKAR KAMANNA SAMSATTE DIED LRS SHIVAJI SHANKAR SAMSATTE AND OTHERS

2026:BHC-AUG:18476
                                                                           65.WP.8031.2016.odt



                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                  WRIT PETITION NO. 8031 OF 2016

          Sunita Gangadhar Suryawanshi                                ...Petitioner

                   Versus

          Shankar Kamanna Samsatte Died
          Lrs Shivaji Shankar Samsatte and Others                     ...Respondents

                                           ***
           Mr. Mayur Subhedar H/F Mr. A. S. Deshpande, Advocate for the
           Petitioner.
           Mr. D. R. Korde, AGP for Respondent – State.
                                           ***

                                                 CORAM : SIDDHESHWAR S. THOMBRE, J.
                                                 DATE : APRIL 08, 2026
          PER COURT :

          1.                 Heard learned counsel for the parties.


          2.                 The petitioner is aggrieved by the order dated 03rd May

          2016         passed     by    the   Tahsildar,   Dharmabad     in    case      no.

          2015/Jama/ROR/CR-03, whereby the application filed by the

          petitioner came to be rejected on the ground that the State

          Government had already decided the matter by order dated 27 th June

          2014.

          3.       The learned Counsel for petitioner submits that the learned

          Tahsildar grossly erred in rejecting the application filed by the

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petitioner holding that the state government had already decided the

matter, though this Court had remanded the matter to him for fresh

adjudication.

4.       Having heard the learned counsel for the petitioner and upon

perusal of the record, it appears that this Court, by order dated 04 th

September 2014 passed in Writ Petition No. 6951 of 2014 (Smt. Sunita

w/o Gangadhar Suryawanshi Vs. Shri. Shankar s/o Kamanna Samsatte

and ors.), had set aside the order dated 27th June 2014 passed by the

Secretary and Special Work Officer (Appeals), Revenue and Forest

Department, Maharashtra and remanded the matter to the Tahsildar

for fresh consideration.


5.                The Tahsildar was, therefore, expected to decide the

proceedings afresh. However, the Tahsildar has rejected the application

by observing that the State Government had already decided the

matter. This clearly reflects non-application of mind on the part of the

Tahsildar. In view of the above, the order dated 03 rd May 2016 passed

by the Tahsildar is unsustainable and deserves to be set aside.


6.                Accordingly, Writ Petition is allowed. The impugned order

dated 03rd May 2016 passed by the Tahsildar, Dharmabad in case no.

2015/Jama/ROR/CR-03, is hereby quashed and set aside.
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7.                Considering the conduct of the Tahsildar, costs of

₹50,000/- are imposed upon the Tahsildar – Shrikant Bhujbal, which

shall be deposited in this Court from his own pocket, and it is made

clear that he shall not seek reimbursement of the said amount.


8.                The Tahsildar, Dharmabad is directed to decide the

proceedings afresh, after giving an opportunity of hearing to all

concerned parties, within a period of four months from today.




                                     ( SIDDHESHWAR S. THOMBRE, J. )




Shrikant Malani                                                  Page 3 of 3