Disposed¶22

Mahendrasingh Digvijaysingh Mukane and Ors. Throu. Poa v. the State of Maharashtra Throu. Collector Tenancy Division and Anr.

Bombay HC11 Jul 2025WP/7679/2025

Case brief

AI extract

What is this about?

WP 7679/2025, Bombay HC (Kulkarni & Sathe JJ.), disposed 17-09-2025; petition filed 28-04-2025 seeking sanction under s.36(2) Maharashtra Land Revenue Code 1966 for sale of land to a tribal (respondent no. 2), Collector Tenancy Division Palghar; ready reckoner rates 2024-2025; intervening Collector's order of 09-05-2025 permitting transfer; petition disposed with liberty to assail Collector's order; all contentions kept open; no costs; no precedent cited.

What did the court decide?

Liberty to the petitioners to adopt appropriate remedy to assail the order dated 9 May, 2025 passed by the District Collector; all contentions expressly kept open; petition disposed of without costs. ¶22

Mahendrasingh Digvijaysingh Mukane and Ors. Throu. Poa vs the State of Maharashtra Throu. Collector Tenancy Division and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioners to adopt appropriate remedy to assail the order dated 9 May, 2025 passed by the District Collector; all contentions expressly kept open; petition disposed of without costs.

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Issue for consideration

Whether the writ petition required further adjudication in view of the order dated 9 May, 2025 passed by the Collector, Palghar under section 36(2) of the Maharashtra Land Revenue Code, 1966 permitting transfer of the land to a Tribal, and what remedy is available to the petitioners.

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Court's answer

Since the Collector, Palghar passed an order on 9 May, 2025 under section 36(2) of the Maharashtra Land Revenue Code, 1966 permitting transfer of the land to a Tribal during the pendency of the petition, the remedy for the petitioners is to assail that Collector's order as may be permissible in law, and the adjudication of this petition is not required to be taken forward.

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Ratio / Principle

The petition is disposed of with liberty to the petitioners to adopt appropriate remedy to assail the order dated 9 May, 2025 passed by the District Collector, with all contentions expressly kept open.

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Detailed headnote1 paragraphs

Bombay High Court (Civil Appellate Jurisdiction), Coram G. S. Kulkarni & Aarti Sathe, JJ. (17 September, 2025), disposed of Writ Petition No. 7679 of 2025 (filed 28 April, 2025) by Mahendrasingh Digvijaysingh Mukane & Ors. v. The State of Maharashtra, through Collector, Tenancy Division & Anr. The petitioners had sought directions to the Collector, Tenancy Division, Palghar to expedite decision on their application under section 36(2) of the Maharashtra Land Revenue Code, 1966 for sanction to execute sale of their land in favour of respondent no. 2, and permission to execute the sale at the previous ready reckoner rates for assessment year 2024-2025. During pendency, on 9 May, 2025, the Collector passed an order under section 36(2) permitting transfer of the land to a Tribal. Holding that the petitioners' remedy now lay in assailing that Collector's order as permissible in law, the Court disposed of the petition with liberty to challenge it, all contentions expressly kept open, without costs.

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9.WP7679_2025.DOC

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2025:BHC-AS:38884-DB

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Vidya Amin

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 7679 OF 2025

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Mahendrasingh Digvijaysingh Mukane & Ors. … Petitioners Vs. The State of Maharashtra, through Collector, Tenancy Division & Anr. … Respondents

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Mr. Shreyas P. Barsawade for the petitioners.

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Ms. Aakansha Saxena ‘B’ Panel Counsel for the State.

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_______ CORAM: G. S. KULKARNI & AARTI SATHE, JJ. DATED: 17 SEPTEMBER, 2025

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P.C.

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This Writ Petition was filed on 28 April, 2025 praying for the following

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substantive reliefs:

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“a) Rule nisi may kindly be issued.

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b) This Hon’ble Court may kindly be pleased to issue a writ in the nature of Mandamus, Certiorari or any other writ as this Hon’ble Court may kindly deem fit and appropriate to meet the ends of justice and this Hon’ble Court may kindly be pleased to direct the respondent herein, i.e., the ld. Collector, Tenancy Division, Palghar, District Palghar to consider the Application preferred by the petitioners before him under section 36(2) of the Maharashtra Land Revenue Code, 1966 expeditiously as the ld. Collector, is reluctant to grant sanction for executing sale of the land owned as well as possessed by the petitioners in fvour of respondent no. 2 in connection with the aforesaid application thereof.

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c) Since the ready reckoner rates have been revised as well as increased, the sale of the said land may kindly be permitted to be executed in accordance with previous ready reckoner for the assessment year 2024-2025, the valuation of which has already been made and the amount has already been paid by respondent no. 2.”

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Learned counsel for the petitioners submits that during the pendency of

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this petition, on 9 May, 2025 the Collector, Palghar has passed an order under

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Page 1 of 2 17 September 2025

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9.WP7679_2025.DOC

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section 36(2) of the Maharashtra Land Revenue Code, 1966 permitting transfer of the land to a Tribal.

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In this view of the matter, the remedy for the petitioners would be to assail the said order passed by the Collector as may be permissible in law. Hence, the adjudication of this petition is not required to be taken forward.

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We, accordingly, dispose of the petition with liberty to the petitioners to adopt appropriate remedy to assail the order dated 9 May, 2025 passed by the District Collector. All contentions in this regard are expressly kept open.

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Disposed of in the aforesaid terms. No costs.

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( AARTI SATHE , J.) (G. S. KULKARNI , J.)

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Page 2 of 2 17 September 2025

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Signed by: Vidya S. Amin Designation: PS To Honourable Judge Date: 18/09/2025 16:25:14

Mahendrasingh Digvijaysingh Mukane and Ors. Throu. Poa v. the State of Maharashtra Throu. Collector Tenancy Division and Anr.

Case brief

What is this about?

What did the court decide?

Mahendrasingh Digvijaysingh Mukane and Ors. Throu. Poa v. the State of Maharashtra Throu. Collector Tenancy Division and Anr.

Case brief

What is this about?

What did the court decide?

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What the court decided

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