The Chairman Shriram Dudh Vyvayasyik Ltd. vs Bajirao Ananand Patil and Ors. — Bombay HC (2025) — LawSathi Research

The Chairman Shriram Dudh Vyvayasyik Ltd. vs Bajirao Ananand Patil and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim (admission-stage) order: notice for final disposal issued, returnable on 15.07.2025, High on Board; Ms. Crasto, learned AGP, waived notice for respondent No.7; petitioner directed to serve respondent Nos.1 to 6 by private service and file affidavit of service within four weeks; ad-interim stay of the impugned order granted; respondents granted four weeks to file reply affidavit.

Issue for consideration

Whether the impugned order of respondent No.7 (Additional Collector) — allowing the appeal of respondent Nos.1 and 2, condoning the delay of about 40 years, and remanding the matter to the Tahsildar — is sustainable, given the contention that the Tahsildar was never in the picture and only the SDO was concerned with the prayer for cancellation of the mutation entries.

Court's answer

The Court found prima facie substance in the petitioner's contentions that the impugned order appears to be unsustainable on both counts (the condonation of the delay / allowance of the appeal, and the direction remanding the matter to the Tahsildar); on this basis notice for final disposal was issued and an ad-interim stay of the impugned order was granted.

Detailed headnote1 paragraphs

Bombay High Court (Manish Pitale, J.), Writ Petition No.6149 of 2025, interim order dated June 10, 2025 — The Additional Collector (respondent No.7) had allowed an appeal by respondent Nos.1 and 2 against the Sub-Divisional Officer's refusal to condone a delay of about 40 years in initiating proceedings for cancellation of mutation entries, and had remanded the matter to the Tahsildar. Counsel for the petitioner contended that the remand direction was unsustainable because the Tahsildar was never in the picture and only the SDO was concerned with the prayer for cancellation of the mutation entries. The Court found prima facie substance in the contention that the impugned order was unsustainable on both counts, issued notice for final disposal returnable on 15.07.2025 (High on Board), and granted an ad-interim stay of the impugned order. The AGP waived notice for respondent No.7; the petitioner was to serve respondent Nos.1 to 6 by private service with affidavit of service within four weeks, and the respondents were granted four weeks to file a reply affidavit.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.6149 OF 2025

Chairman Shriram Dudh Vyvaysayik Ltd., Chuye … Petitioner Vs.

Bajirao Ananda Patil and others … Respondents

Mr. Yuvraj P. Narvankar for Petitioner. Ms. S. R. Crasto, AGP for Respondent No.7.

CORAM : MANISH PITALE, J. DATE : JUNE 10, 2025

P.C. :

. Heard Mr. Narvankar, learned counsel for the petitioner.

By the impugned order, respondent No.7 - Additional Collector has allowed an appeal filed by respondent Nos.1 and 2 and remanded the matter to the Tahsildar for further consideration.

The respondent No.7 passed the impugned order in an appeal challenging an order of the Sub-Divisional Officer (SDO), whereby the said officer refused to condone the delay of about 40 years on the part of respondent Nos.1 and 2 in initiating proceedings for cancellation of mutation entries. The learned counsel for the petitioner submits that apart from the findings rendered by the respondent No.7, while allowing the appeal and condoning the aforesaid huge delay, the direction of remanding the matter to the Tahsildar is unsustainable, for the reason that the Tahsildar was never in the picture and it was only the SDO, who was concerned with the prayer made by respondent Nos.1 and 2 for cancellation of such mutation entries.

This Court finds prima facie substance in the contentions raised on behalf of the petitioner that the impugned order, on both counts,

MINALSANDIPPARAB Digitally signed byMINAL SANDIPPARABDate: 2025.06.1111:10:32 +0530

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14_WP6149_25.doc

appears to be unsustainable.

Issue notice for final disposal, returnable on 15.07.2025, High on Board.

Ms.Crasto, learned AGP waives notice on behalf of the respondent No.7.

Additionally, the petitioner is directed to serve respondent Nos.1 to 6 by way of private service and to file affidavit of service within four weeks from today.

In the meanwhile, there shall be ad-interim stay of the impugned order.

The respondents are granted time of four weeks to file reply affidavit.

(MANISH PITALE, J.)

Minal Parab

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