Rajesh Mukindrao Dhage vs Sant Rohidas Charmakar Magawargiya Gruhanirman Sahakari Sanstha Ltd. through Its Chairman and Others — Bombay HC (2026) — LawSathi Research

Rajesh Mukindrao Dhage vs Sant Rohidas Charmakar Magawargiya Gruhanirman Sahakari Sanstha Ltd. through Its Chairman and Others — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to Respondent No.1 to decide the Petitioner's pending Appeal within three months; continuation of the status-quo order dated 25.08.2025 until disposal of the Appeal; appeal to be decided uninfluenced by the Additional Commissioner's own observations in the impugned order; mutation entry subject to the final outcome of the appeal; pending civil application disposed of.

Issue for consideration

Whether the Writ Petition taking exception to the order dated 14.08.2025 of the Additional Divisional Commissioner should be entertained/disposed of, given that the statutory appeal before Respondent No.1 is pending.

Court's answer

The purpose of the present Writ Petition would be served if Respondent No.1 decides the pending Appeal expeditiously.

Ratio / Principle

The Writ Petition stands disposed of with a direction to Respondent No.1 to decide the Appeal filed by the Petitioner within a period of three months.

Key takeaways

Till disposal of the Appeal, the order dated 25.08.2025 passed by this Court granting status-quo shall remain in force.ratio¶21
The learned Additional Commissioner shall decide the appeal without being influenced by his own observations in the impugned order.ratio¶21
The mutation entry in respect of the writ property shall be subject to the final outcome of the appeal pending before the Additional Divisional Commissioner.ratio

Detailed headnote1 paragraphs

Bombay High Court (Aurangabad Bench), S. G. Chapalgaonkar, J., 19.01.2026 — W.P. No. 10536 of 2025: A cooperative housing society, allotted 4 hectares of land in 1984 with possession handed over, faced a 2019 complaint by Respondent Nos. 4 and 5 alleging no construction had been raised; the District Collector, Nanded ordered confiscation of the allotted land on 30.06.2025. The Society appealed to Respondent No.1 (Additional Divisional Commissioner, Chhatrapati Sambhajinagar) with a stay application, which was rejected (impugned order dated 14.08.2025 in Matter No.2025/ROR/Appeal-1/CR-171), prompting the Writ Petition. With the statutory appeal admittedly pending and interim status-quo already granted on 25.08.2025, the Court disposed of the Writ Petition, directing Respondent No.1 to decide the Appeal within three months; the status-quo order is to remain in force until disposal of the Appeal; the Additional Commissioner is to decide the appeal uninfluenced by his own observations in the impugned order; and the mutation entry in respect of the writ property is subject to the final outcome of the appeal. Pending civil application disposed of.

2026:BHC-AUG:1925

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

3 WRIT PETITION NO. 10536 OF 2025 WITH CIVIL APPLICATION NO. 12219 OF 2025

SANT ROHIDAS CHARMAKAR MAGAWARGIYA GRUHANIRMAN SAHAKARI SANSTHA LTD THROUGH ITS CHAIRMAN

VERSUS

THE ADDITIONAL DIVISIONAL COMMISSIONER CHH. SAMBHAJINAGAR AND OTHERS

Mr. R. N. Dhorde, Senior Advocate i/b Mr. S. K. Chavan, Advocate for the Petitioner

Mr. A. A. Mukhedkar, Advocate for Respondent Nos.4 and 5 Mr. S. A. Gaikwad, AGP for Respondent/State

CORAM : S. G. CHAPALGAONKAR, J. DATED : 19^th JANUARY, 2026

P. C. :-

Heard learned Senior Advocate appearing for Petitioner.

The present Writ Petition takes exception to the order dated

14.08.2025 passed by Additional Divisional Commissioner, Chhatrapati Sambhajinagar in Matter No.2025/ROR/Appeal-1/CR-171.

The Petitioner was allotted 4 Hectare land in the year 1984. The possession was also handed over. In the year 2019, Respondent Nos.4 and 5 made complaint alleging that construction is not raised by Petitioner/Society.

On 30.06.2025, District Collector, Nanded passed order directing the confiscation of the land allotted to Petitioner. The Petitioner preferred an

1 of 2

3 CA 12219.2025.odt

Appeal before Respondent No.1 along with an application for grant of stay. Respondent No.1 rejected Application. Hence, this Writ Petition.

Undisputedly, the statutory appeal preferred by Petitioner before Respondent No.1 is pending. This Court protected interest of Petitioner by granting order of status-quo vide order dated 25.08.2025. The purpose of present Writ Petition would be served if Respondent No.1 decides pending Appeal expeditiously.

In that view of matter, Writ Petition stands disposed of with direction to Respondent No.1 to decide Appeal filed by Petitioner within a period of three months from today.

Till disposal of Appeal, order dated 25.08.2025 passed by this Court granting status-quo shall remain in force. The learned Additional Commissioner shall decide appeal without influenced by his own observations in impugned order. The mutation entry in respect of the writ property shall be subject to the final outcome of appeal pending before the Additional Divisional Commissioner.

Pending civil application, if any, stands disposed of.

ssp

2 of 2

3 CA 12219.2025.odt