Vijaykumar Badridas Agrawal vs Amol Shridhar Thakre and Another — Bombay HC (2025) — LawSathi Research

Vijaykumar Badridas Agrawal vs Amol Shridhar Thakre and Another — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief at this stage; interim directions issued - petitioner to file appeal memo and roznama, AGP to obtain instructions from the Divisional Commissioner on the delay in deciding the appeal, and the matter listed for hearing on 25.07.2025.

Issue for consideration

Whether the petitioner, whose lease over the suit plot was not renewed and whose appeal against the non-renewal is pending before the Divisional Commissioner, can be treated as having no nexus with the suit plot so as to justify rejection of his application to be added as party defendant. +1 more

Ratio / Principle

The petitioner is directed to place on record copy of the appeal memo and roznama of the proceedings pending before the Divisional Commissioner.

Key takeaways

On information conveyed via the AGP, the appeal before the Divisional Commissioner is delayed at the petitioner's instance, as he has been continuously absent despite being called upon to appear.¶¶12
The AGP is directed to seek instructions from the Divisional Commissioner regarding the delay in deciding the appeal.ratio¶¶14

Detailed headnote1 paragraphs

Bombay High Court (Nagpur Bench), Anil L. Pansare, J., 18 July 2025 - interim order in Writ Petition No. 3745/2025 (Vijaykumar Badridas Agrawal v. Amol Shridhar Thakre and another). The petitioner's application to be added as party defendant was rejected on the ground that he is not in possession of the suit property. He contends the plot was initially allotted to him, the lease expired and was not renewed by the Sub-Divisional Officer, Khamgaon, his challenge before the Collector, Buldhana failed, and the concurrent findings are under appeal before the Divisional Commissioner. Recording that the petitioner has been continuously absent and that the appeal is delayed at his instance, the Court directed him to file the appeal memo and roznama, the AGP to seek instructions from the Divisional Commissioner on the delay, and listed the matter for 25.07.2025. No final view was taken on the impleadment question.

1 07-3745-25.odt

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

WRIT PETITION NO.3745/2025 Vijaykumar Badridas Agrawal Vs. Amol Shridhar Thakre and another

Office Notes, Office Court's or Judge's orders Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders

Mr. S.M. Vaishnav, Advocate for Petitioner

CORAM: ANIL L. PANSARE, J.

DATED : 18^th JULY, 2025

The application filed by the petitioner to add him as party defendant was rejected on the count that he is not in possession of the suit property. The counsel for the petitioner submits that the suit plot was initially allotted to him. The lease has expired. The same was not renewed by the Sub-Divisional Officer, Khamgaon. The petitioner challenged the order before the Collector, Buldhana, which came to be rejected. The concurrent findings have been challenged before the Divisional Commissioner, which is pending consideration.

The argument is that since the appeal is pending, the rejection to continue the lease in favour of the petitioner has not attained finality and, therefore, the Court could not have come to the conclusion that the petitioner has no nexus with the suit plot.

The petitioner has not filed copy of the appeal and, therefore, the AGP was requested to take instructions as regards status of the appeal. I am informed that the Divisional Commissioner has issued letter to the petitioner to appear in appeal saying that he is continuously absent.

2 07-3745-25.odt

Thus the appeal is delayed at his instance. The counsel for the petitioner submits that the finding that the petitioner is delaying appeal is incorrect. He seeks time to file copy of appeal memo and roznama of the proceedings.

The petitioner shall, accordingly, place on record copy of appeal memo and roznama of the proceedings pending before the Divisional Commissioner.

AGP shall also seek instructions from the Divisional Commissioner for the delay in deciding appeal.

List on 25.07.2025.

(ANIL L. PANSARE, J.)

MP Deshpande

Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 18/07/2025 18:27:52