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Bombay High Court

KAMALRAJ ESTATE THR ITS PARTNERSversusARUN RANGNATH BAHIRATH AND ORS

Decided
Disposal
Disposed Off

Holding

The appeal pending before the Collector must be decided within eight weeks and the interim order granted on 3 August 2026 continues to operate.

Summary

The petitioners filed a writ petition challenging the Collector's refusal to grant an interim order in a dispute over a mutation entry. The High Court had earlier, on 3 August 2026, issued notice and granted interim relief. The Court observed that the appeal concerning the mutation entry should be decided by the Collector and that judicial interference might unduly influence the outcome. Consequently, the Court directed the Collector to decide the pending appeal (No.RTS/2/Appeal/729/2026) within eight weeks of the order and ordered that the interim relief continue until the appeal is disposed. The writ petition was thereafter disposed.

Issues considered

  • Whether the High Court can direct the Collector to decide the pending appeal on the mutation entry within a specified time frame
  • Whether the interim relief granted by the Court should remain in force pending the Collector's decision

Subjects

  • mutation entry
  • interim relief
  • writ petition
  • High Court
  • Collector
  • administrative law

Judgment

2026:BHC-AS:34939


            Diksha Rane                                             23 WP 9861 2026.docx



                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION
                                    WRIT PETITION NO.9861/2026
            KAMALRAJ ESTATE THR ITS PARTNERS                    ..PETITIONERS
                      VS
            ARUN RANGNATH BAHIRATH & ORS                        ..RESPONDENTS


                 Adv. Sachin Gite for the petitioners.
                 Adv. Rahul Kadam for respondent no.1.
                 Adv. Vaibhav V. Ugle for respondent nos.2 & 3.
                 Ms. A.A. Nadkarni, AGP for respondent – State.


                                               CORAM      : ARUN R. PEDNEKER, J.

                                               DATE       : 24th AUGUST, 2026.

            Per Court :
            1.             Learned counsel appears for respondent nos.1, 2 and 3.

            2.             This Court by an order dated 3rd August, 2026, issued notice
            and granted interim relief.

            3.             The appeal challenging the mutation entry is pending
            before the Collector. The Collector had refused to grant interim
            order, as such present petition is filed against the order refusing to
            grant interim order.



                                                 Page 1 of 2
                                            24th AUGUST, 2026
                      Diksha Rane                                               23 WP 9861 2026.docx



                      4.              This Court has granted interim relief by dated 3rd August
                      2026. The parties agree that the appeal itself could be decided by the
                      Collector and any observation by this Court would unnecessarily
                      influence the appeal.

                      5.              Considering this aspect of the matter, it is directed that the
                      appeal             pending       before      the       Collector       bearing
                      No.RTS/2/Appeal/729/2026 be decided in accordance with law
                      within a period of eight weeks, of production of this order.

                      6.              Interim order granted by this Court by order dated 3 rd
                      August, 2026, would continue to operate till disposal of the appeal
                      before the Collector.

                      7.              The writ petition stands accordingly disposed of.

                                                                      [ ARUN R. PEDNEKER, J.]




                                                            Page 2 of 2
                                                       24th AUGUST, 2026


Signed by: Diksha Rane
Designation: PS To Honourable Judge
Date: 25/08/2026 16:31:45


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