Petitioner challenged an order setting aside mutation entries, alleging denial of hearing. The court kept objections on alternative remedy open and stayed the impugned order pending hearing.
Notice to respondents returnable 24 October 2024; impugned order stayed till next date of hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
12-WP-12719-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE SIDE JURISDICTION
WRIT PETITION NO. 12719 OF 2024
Anish Mahavirprasad Goel
…. Petitioner
Versus
Circle Officer, Khalapur, Tal. Khalapur …. Respondents Dist. Raigad And Anr.
Digitally signed SHANTANUSHANKARSADHUDUM by SHANTANUSHANKARSADHUDUMDate:2024.09.24 12:13:11 +0530
Adv. Ashok B. Tajane a/w Adv. Yuvraj A. Tajane, for the Petitioner. Adv. Geeta Shahtri ‘A’ Panel a/w Adv. J. P. Patil, AGP, for Respondent Nos.1 & 2 – State.
CORAM : R. M. JOSHI, J.
DATE : 23rd SEPTEMBER, 2024.
P.C. :
mutation entries in question are set aside by Sub-Divisional Officer
without according opportunity of hearing to the Petitioner and
hence, the petition is maintainable.
Shantanu Dhudum 1/2
12-WP-12719-2024.doc
the said contention and raises the issue of tenability of the petition
for availability of alternative remedy. By keeping the objection open for decision at appropriate stage, suffice it to say that if the Petitioner was not heard before passing of the impugned order, it is a fit case to stay the impugned order till next date of hearing.
Shantanu Dhudum 2/2
1 issue framed by the court
Was the petitioner denied a hearing before the Sub-Divisional Officer set aside the mutation entries, warranting interim stay?
Anish Mahavirprasad Goel
Circle Officer, Khalapur, Tal. Khalapur, Dist. Raigad
R. M. Joshi
As recorded by the court registry
12 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
