Hemant Kantilal Sathe and Ors. vs the State of Maharashtra through G.P. and Ors. — Bombay HC (2025) — LawSathi Research

Hemant Kantilal Sathe and Ors. vs the State of Maharashtra through G.P. and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Both Writ Petitions disposed of by quashing and setting aside the Sub-Divisional Officer's order dated 19 June 2023 and the Collector's appellate order dated 6 May 2024; subject-matter left for adjudication in the substantive civil suit filed by Respondent No. 4; Respondent No. 4's undertaking not to initiate fresh proceedings under the Mamlatdar's Courts Act, 1906 or the Maharashtra Land Revenue Code, 1966 accepted; all rights and contentions of both parties kept open.

Issue for consideration

Whether the order of the Sub-Divisional Officer dated 19 June 2023, to the extent it remands the matter to the Tahsildar, is liable to be quashed and set aside (Writ Petition No. 10981 of 2023). +1 more

Ratio / Principle

In light of the consensus between the parties, both the Writ Petitions are disposed of by quashing and setting aside the orders dated 19 June 2023 (Sub-Divisional Officer) and 6 May 2024 (Collector).

Key takeaways

Since the substantive civil suit has been filed by Respondent No. 4, the subject-matter is to be adjudicated in the said suit.ratio¶18
The statement made on instructions by counsel for Respondent No. 4 (not to initiate fresh proceedings under the Mamlatdar's Courts Act, 1906 or the Maharashtra Land Revenue Code, 1966 in respect of the same subject-matter) is accepted as an undertaking given to the Court.ratio¶19
All rights and contentions of both parties are expressly kept open, and the Civil Court is to decide the suit on its own merits and uninfluenced by the orders passed in the present proceedings.ratio

Detailed headnote1 paragraphs

Consent disposal — Writ Petition No. 10981 of 2023 challenged the order of the Sub-Divisional Officer dated 19 June 2023, to the extent it remanded to the Tahsildar a proceeding initiated by Respondent No. 4 before the Mamlatdar under Section 5 of the Mamlatdar's Courts Act, 1906 seeking removal of obstruction over an existing road; Writ Petition No. 11791 of 2024 challenged the Collector's appellate order dated 6 May 2024 allowing Respondent No. 4's appeal against the Sub-Divisional Officer's order. On Respondent No. 4's statement, on instructions, that it had filed a substantive civil suit and would not initiate fresh proceedings under the Mamlatdar's Courts Act, 1906 or the Maharashtra Land Revenue Code, 1966 in respect of the same subject-matter, and the Petitioners' concession, both orders were quashed and set aside and the Petitions disposed of; the statement was accepted as an undertaking to the Court; all rights and contentions of both parties were expressly kept open and the Civil Court was directed to decide the suit on its own merits, uninfluenced by the orders passed in the present proceedings.

2025:BHC-AS:9427

33 WP-10981-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 10981 OF 2023 WITH WRIT PETITION NO. 11791 OF 2024

Hemant Kantilal Sathe & Another ...Petitioners Versus

The State of Maharashtra and Others ...Respondents

Mr. Pavan Patil, Mr. Shubham Saraf for Petitioners in both Writ Petitions. Mr. Kishor Patil i/b Mr. Pratik B. Rahade for Respondent No. 4. Mr. Bapusaheb Dahiphale, AGP for State.

——————

Coram : Sharmila U. Deshmukh, J. Date : 13^th November, 2025.

P. C. :

1. The subject-matter of these Petitions is proceedings which were initiated before the Mamlatdar under Section 5 of Mamlatdar’s Courts Act, 1906 by Respondent No. 4 seeking removal of obstruction by Petitioner over an existing road. By order of 19^th June, 2023, the SubDivisional Officer quashed the order of Tahsildar and remanded the matter for fresh consideration to Tahsildar. The order of Sub-Divisional Officer to the extent that, it remands the matter to the Tahsildar is subject-matter of Writ Petition No. 10981 of 2023.

2. Insofar as Writ Petition No. 11791 of 2024 is concerned, the challenge is to order which is passed by the Collector on Appeal on 6^th May, 2024, which Appeal was filed by Respondent No. 4 against the

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33 WP-10981-2023.doc

order of Sub-Divisional Officer dated 19^th June, 2023.

3. Mr. Patil, learned counsel appearing for Respondent No. 4 in both the Petitions, on instructions, submit that Respondent No. 4 has filed substantive suit and in view thereof, the orders may be quashed and set aside. He would further submit that Respondent No. 4 would not initiate any fresh proceedings under the Mamlatdar’s Courts Act, 1906 or Maharashtra Land Revenue Code, 1966 in respect of the same subject-matter. He submits that as the issue will now be decided in the civil suit and all contentions and right of parties be kept open.

4. Learned counsel for Petitioner fairly concedes to the said submission.

5. In light of above consensus, both the Writ Petitions are disposed of by quashing and setting aside the order of 19^th June, 2023 and 6^th May, 2024. As the substantive civil suit has been filed, the subjectmatter be adjudicated in the said suit.

6. The statement made on instructions is accepted as undertaking given to this Court.

7. All rights and contentions of both parties are expressly kept open. The Civil Court to decide the suit on its own merits and uninfluenced passed in the present proceedings.

[Sharmila U. Deshmukh, J.]

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