Vijaykumar Maniklal Bang and Others Vs State of Maha., Thr. Revenue and Forest Dept., Mumbai and Others — Bombay HC (2025) — LawSathi Research

Vijaykumar Maniklal Bang and Others Vs State of Maha., Thr. Revenue and Forest Dept., Mumbai and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Permission to amend the writ petition granted (amendment within one week; amended copy to respondents within one week thereafter; respondents free to file additional say); interim direction to respondent No.7/Tahsildar not to proceed further on his order dated 14/02/2025; matter listed for final hearing on 28/04/2025 within first ten matters.

Issue for consideration

Whether the petitioners should be permitted to amend Writ Petition No. 2316 of 2022 to bring on record the subsequent event of the Tahsildar's order dated 14/02/2025 and to add a prayer clause challenging that order. +2 more

Court's answer

The amendment application (CAW No. 574/2025) is allowed: there being no serious objection on behalf of the respondents, the petitioners may amend the writ petition to bring on record the Tahsildar's order dated 14/02/2025 and add a prayer clause challenging it.

Ratio / Principle

Amendment to be carried out within a period of one week; amended copy to be supplied to the respondents within one week thereafter; respondents at liberty to file their additional say to the amended petition within one week thereafter.

Key takeaways

Interim direction: in the meanwhile, respondent No.7/Tahsildar is directed not to proceed further on his order dated 14/02/2025 passed between Shamsundar Sitaram Khadloya and others Vs. Vijaykumar Maniklal Bang and others.ratio¶21
Noting the small issue involved in the matter (whether a tenant in horticulture land can be deemed a protected tenant under the BTL Act, 1948), the court listed the matter for final hearing on 28/04/2025, within first ten matters; the substantive tenancy question itself was not decided in this order.¶20

Detailed headnote1 paragraphs

Bombay High Court (Nagpur Bench), M.S. Jawalkar J., 09.04.2025: In CAW No. 574/2025 arising in Writ Petition No. 2316 of 2022 (Vijaykumar Maniklal Bang and others v. State of Maharashtra and others), permission to amend the writ petition was granted without opposition, to bring on record the Tahsildar's order dated 14/02/2025 and to add a prayer clause challenging it; amendment within one week, amended copy to respondents within a week thereafter, additional say permitted. In CAW No. 573/2025, seeking stay of the effect, operation and implementation of the Tahsildar's order dated 14/02/2025 (between Shamsundar Sitaram Khadloya and others v. Vijaykumar Maniklal Bang and others), the Tahsildar was directed not to proceed further on that order in the meanwhile; noting the issue whether a tenant in horticulture land can be deemed a protected tenant under the Bombay Tenancy and Agricultural Lands (BTL) Act, 1948, the matter was listed for final hearing on 28/04/2025 within the first ten matters.

(1)

1 caw 574-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

CIVIL APPLICATION (CAW) NO. 574/2025 IN WRIT PETITION NO. 2316 OF 2022

Vijaykumar Maniklal Bang and others Vs.

State of Maharashtra, through Revenue and Forest Department, Mantralaya, Mumbai and others

- – - - - - - - – - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

- - - - ---------------- - - - - - Shri Masood Shareef, Advocate h/f Shri A.J. Mirza, Advocate for petitioners Shri S.C. Joshi, AGP for respondent/State Shri C.B. Dharmadhikari, Advocate for respondent Nos. 2 to 4

CORAM : SMT M.S. JAWALKAR, J. DATE : 09.04.2025

The present application is filed for the grant of permission to amend the petition. By way of this amendment, the petitioner seeks permission to bring subsequent events on record i.e. order passed by Tahsildar on 14/02/2025 and to add prayer clause challenging the order passed by respondent No. 7/Tahsildar, dated 14/02/2025.

There is no serious objection on behalf of the respondents to amend the petition. As such, application is allowed.

Amendment to be carried out within a period of one week.

Amended copy be supplied to the respondents

(2)

1 caw 574-2025

within one week thereafter.

The respondents are at liberty to file their additional say to the amended petition, if they so desire, within on week thereafter.

6. Application stands disposed of.

CIVIL APPLICATION (CAW) NO. 573/2025

Present application is filed by the petitioners for grant of stay, effect and operation and implementation of the impugned order dated 14/02/2025, passed by the respondent No.7/Tahsildar. During the pendency of this instant writ petition, it appears that small issue involved in the matter, whether tenant in horticulture land can be deemed to be protected tenant, in view of the Bombay Tenancy and Agricultural Lands (BTL) Act, 1948. As such, list the matter for final hearing on 28/04/2025, within first ten matters.

In the meanwhile, respondent No.7/Tahsildar, is hereby directed not to proceed further on the order passed by him on 14/02/2025, between Shamsundar Sitaram Khadloya and others Vs. Vijaykumar Maniklal Bang and others.

(SMT M.S. JAWALKAR, J.)

Jayashree..