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Bombay High Court

KAILAS SADASHIV SURVEversusTHE ADDITIONAL DIVISIONAL COMMISSIONER KONKAN DIVISION AND ORS

Decided
Disposal
Allowed To be withdrawn

Holding

The petition is withdrawn with liberty to prefer appeal under Section 257 of the Maharashtra Land Revenue Code.

Summary

The petitioner filed a civil writ petition challenging an order of the Divisional Commissioner, Konkan Division dated 5 August 2026. The petitioner sought to withdraw the petition and obtain liberty to appeal the order before the Appellate Authority under Section 257 of the Maharashtra Land Revenue Code. The High Court granted leave to withdraw the petition, disposed of it as withdrawn, and affirmed the liberty to file a statutory appeal. The Court also ordered that the interim relief granted on 16 July 2026 remain in force for two weeks from the date of the order. Consequently, the petitioner may now pursue the appeal under the specified statutory provision.

Issues considered

  • Whether the petitioner may withdraw the writ petition and be granted liberty to prefer an appeal under Section 257 of the Maharashtra Land Revenue Code
  • Whether the interim relief order dated 16 July 2026 should continue to operate pending the appeal

Legislation cited

Subjects

  • writ petition
  • withdrawal
  • statutory appeal
  • Maharashtra Land Revenue Code
  • interim relief
  • Divisional Commissioner

Judgment

                   DTG                                                                  37-Wp-8920-2026.doc



                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                              CIVIL APPELLATE JURISDICTION

                                          CIVIL WRIT PETITION NO. 8920 OF 2026

                   Kailas Sadashiv Surve                              … Petitioner
                          V/s.
                   The Additional Divisional Commissioner
                   Konkan Division Ors.                               … Respondents
                                    _______________________________________
                   Mr. Dadhichi Mhaispurkar i/b Mr. Saurabh Butala and Mr. Harshada
                   Shrikhande for Petitioner.

                   Ms. Apoorva Thipsay, ‘B’ Panel Counsel for Respondent-State.
                                   _______________________________________
                                            CORAM : A. S. GADKARI AND
                                                       KAMAL KHATA, JJ.
                                            DATE     : 6th August 2026
                   P.C. :

                   1)               As the Appeal preferred by the Petitioner has been decided by the

                   Divisional Commissioner, Konkan Division, by its Order dated 5 th August 2026,

                   Mr. Mhaispurkar, learned counsel appearing for Petitioner on instructions seeks

                   leave to withdraw Petition with liberty to challenge the said Order before the

                   Appellate Authority under Section 257 of the Maharashtra Land Revenue Code.

                   1.1)             Leave and liberty granted.

                   2)               Disposed off as withdrawn with aforesaid liberty.

                   3)               To enable the Petitioner to prefer the statutory Appeal before the

                   Appellate Authority, ad-interim relief granted by Order dated 16 th July 2026 to

                   remain in force for a period of two weeks from today.



                               ( KAMAL KHATA, J. )                 ( A.S. GADKARI, J. )
            Digitally signed
            by
            DNYANESHWAR
DNYANESHWAR TULSHIRAM
TULSHIRAM
GHUMNAR
            GHUMNAR                                                                                           1/1
            Date:
            2026.08.14
            14:59:50 +0530


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