Vikas Chandrakant Pandit vs Maruti Kesu Gardi (Mali) Since Decd Thrl Legal Heirs and Ors. — Bombay HC (2025) — LawSathi Research

Vikas Chandrakant Pandit vs Maruti Kesu Gardi (Mali) Since Decd Thrl Legal Heirs and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing, by consent, of the orders impugned in the writ petition and of the Tahsildar-cum-Agricultural Land Tribunal, Baramati order; remand to the Tahsildar for fresh decision in accordance with law of the application under Section 32(g) read with 32(h) & (m) of the Bombay Tenancy and Agricultural Lands Act, 1948, with liberty to file documents and amend pleadings; parties to appear on 24.03.2025; decision endeavoured within six months; interim order to continue till decision.

Issue for consideration

Whether the orders impugned in the writ petition, including the order of the Tahsildar-cum-Agricultural Land Tribunal, Baramati, were liable to be set aside, and whether the application under Section 32(g) read with 32(h) & (m) of the Bombay Tenancy and Agricultural Lands Act, 1948 filed by the writ petitioners required a fresh decision.

Court's answer

By consent of the learned counsel for the parties, the orders impugned in the writ petition, as well as the order passed by the Tahsildar-cum-Agricultural Land Tribunal, Baramati, Dist-Pune, are quashed and set aside.

Ratio / Principle

The learned Tahsildar shall decide the application under Section 32(g) read with 32(h) & (m) of the Bombay Tenancy and Agricultural Lands Act, 1948 filed by the petitioners in the writ petition afresh, in accordance with law.

Key takeaways

The learned Tahsildar shall permit the parties to file documents on record and amend the pleadings, if any; the parties shall appear before the Tahsildar on 24.03.2025.ratio¶¶23
Considering the facts and circumstances of the case, the learned Tahsildar shall endeavour to decide the matter within a period of six months from the date of appearance of the parties.ratio¶¶25
The interim order passed by this Court shall remain in operation till the decision of the matter by the Tahsildar.

Detailed headnote1 paragraphs

By consent of learned counsel, the Bombay High Court (N.R. Borkar, J.; order dated 04.03.2025) quashed and set aside the orders impugned in Writ Petition No. 9020 of 2023 as well as the order passed by the Tahsildar-cum-Agricultural Land Tribunal, Baramati, Dist-Pune. The Tahsildar was directed to decide afresh, in accordance with law, the application under Section 32(g) read with 32(h) & (m) of the Bombay Tenancy and Agricultural Lands Act, 1948 filed by the petitioners in the writ petition, permitting the parties to file documents and amend pleadings. The parties were directed to appear before the Tahsildar on 24.03.2025, with an endeavour to decide the matter within six months of appearance; the interim order passed by the Court was continued until decision. The review petition and the writ petition stood disposed of in those terms.

1-RPW-95-2024 .doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

REVIEW PETITION NO. 95 OF 2024 IN WRIT PETITION NO. 9020 OF 2023

Vikas Chandrakant Pandit & Ors.

...Petitioners

Versus

Maruti Kesu Gardi (Mali) Since Decd. Through Legal Heirs and Ors.

…Respondents

Mr. Sushant Prabhune, Advocate for the Applicants in review petition and for respondent Nos. 4 to 11 in Writ Petition.

Mr.Pramod Kathane a/w Mr. Amol Ghurde, for respondent Nos. 1 & 2 in review petition and for petitioners in Writ Petition.

Mr. P. G. Sawant, AGP, for the Respondent/State

CORAM : N.R. BORKAR, J. DATE : 04.03.2025.

P.C. :

By consent of the learned counsel for the parties the orders

impugned in the writ petition, as well as the order passed by the Tahsildar-cum-Agricultural Land Tribunal, Baramati, Dist-Pune are quashed and set aside.

The learned Tahsildar shall decide the application under

Section 32(g) read with 32 (h) & (m) of the Bombay Tenancy and

Pramod S. Lakare

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This order is corrected pursuant to speaking to minutes of order dated 17.03.2025.

1-RPW-95-2024 .doc

Agricultural Lands Act, 1948 filed by the petitioners in writ petition afresh in accordance with law.

The learned Tahsildar shall permit the parties to file the documents on record and amend the pleadings, if any.

The parties shall appear before the Tahsildar on 24.03.2025.

Considering the facts and circumstances of the case, the learned Tahsildar shall endeavour to decide the matter within a period of six month from the date of appearance of the parties.

The interim order passed by this Court shall remain in operation till the decision of the matter by the Tahsildar.

The review petition as well as writ petition stand disposed of in the aforesaid terms.

[N.R.BORKAR, J.]

Pramod S. Lakare This order is corrected pursuant to speaking to minutes of order dated 17.03.2025.

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