Shri. Suresh Shankar Waman and Anr. vs State of Maharashtra Thru Prin. Secretary, Revenue and Forest Dept. and Ors. — Bombay HC (2026) — LawSathi Research

Shri. Suresh Shankar Waman and Anr. vs State of Maharashtra Thru Prin. Secretary, Revenue and Forest Dept. and Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

No final relief; the petition was not decided on merits. Purely as a last chance, the matter was stood over to April 15, 2026 to enable clarification whether the Sub-Divisional Officer who passed the Impugned Order is of the rank of Assistant Collector, Deputy Collector or Assistant Commissioner.

Issue for consideration

Whether the Sub-Divisional Officer who passed the Impugned Order is of the rank of Assistant Collector, Deputy Collector or Assistant Commissioner, being the three ranks referred to in Section 23(2A) of the Mamlatdar's Courts Act, 1906. +1 more

Court's answer

The present petition squarely presents the question left open by the Nagpur Bench Division Bench (paragraph 13) — namely, whether the particular Sub-Divisional Officer is of the rank of Assistant Collector, Deputy Collector or Assistant Commissioner — and that question falls to be decided on its own merits in each such case.

Ratio / Principle

Despite two rounds, no affidavit was submitted addressing whether the Sub-Divisional Officer is of the requisite rank; purely as a last chance, the matter was therefore stood over to April 15, 2026 to enable that facet to be clarified.

Key takeaways

Prima facie ("on the face of it"), the ability to delegate to the Sub-Divisional Officer appears to have been enabled only from December 31, 2025, unless it is shown that the Sub-Divisional Officer in question was an Assistant Collector or Deputy Collector also carrying out the role of Sub-Divisional Officer; this point remains open for clarification on the next date.obiter¶26

Detailed headnote1 paragraphs

Interim order, Somasekhar Sundaresan, J. (Bombay High Court, Civil Appellate Jurisdiction), in Writ Petition No. 1848 of 2024 (decided April 6, 2026). The petition challenges an order passed by a Sub-Divisional Officer purportedly exercising revisional powers delegated under Section 23(2A) of the Mamlatdar's Courts Act, 1906. The State was unable, despite repeated attempts, to confirm whether the officer was an Assistant Collector, Deputy Collector or Assistant Commissioner — the three ranks contemplated by Section 23(2A) (para 11). The State's Additional Affidavit pointed to an amendment to Section 23(2A) effective December 31, 2025 enabling delegation to the Sub-Divisional Officer (paras 12, 17). Relying on the Nagpur Bench Division Bench ruling in Writ Petition No. 387 of 2017 along with Writ Petition No. 8235 of 2017 (paragraph 13) — which upheld such delegations as correct, legal and proper but left rank-specific disputes to be decided on their own merits case-by-case (paras 17-19) — the Court held that the present petition squarely raises that unresolved facet (paras 23-24). Prima facie, the Court observed that the ability to delegate to the Sub-Divisional Officer was enabled only from December 31, 2025, unless it is shown the officer was of the requisite rank (para 26). Since no affidavit addressed the point despite two rounds, the matter was stood over to April 15, 2026 purely as a last chance (paras 25, 27). No final relief was granted; the merits remain undecided.

31-WP-1848-2024 .doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 1848 OF 2024

Suresh Shankar Waman & Anr. …Petitioners

Versus

State Of Maharashtra Thr. …Respondents Prin. Secretary, Revenue And Forest Dept. & Ors

Mr. V. S. Tadake, a/w M. B. Gawde for the Petitioner. Smt. V. R. Raje, AGP for the State.

CORAM : SOMASEKHAR SUNDARESAN, J.

DATE : APRIL 6, 2026

ORDER :

Despite repeated attempts, the State has been unable to confirm whether the Sub-Divisional Officer, who has passed the Impugned Order, is an Assistant Collector, Deputy Collector or an Assistant Commissioner, which are the three ranks referred to in Section 23(2A) of The Mamlatdar’s Courts Act 1906 (“ the Act ”).

The Additional Affidavit filed on behalf of the State in fact points to an amendment made to Section 23 (2A) with effect from December 31, 2025, whereby the delegation of the revisional powers to

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the Sub-Divisional Officer has now been inserted into the statute. Ordinarily, it would follow that since the amendment had been effected on December 31, 2025, the ability to delegate the revisional power to Sub-Divisional Officer would take effect only from that date. However, the Learned AGP refers to a Judgment of the Division Bench of the Nagpur Bench of the Bombay High Court in Writ Petition No.387 of 2017 along with Writ Petition No.8235 of 2017. Paragraph 13 thereof reads thus:

13. In view of the aforesaid discussion, we answer the reference and hold that the delegation of power by the Collector under sub-section (2A) of Section 23 of the Mamlatdars' Courts Act to the Deputy Collector or Assistant Collector, who is working as the Sub-Divisional Officer of the concerned divisions of the district, is correct, legal and proper. We, however, hold that if any dispute arises as to whether a particular Sub-Divisional Officer is not the Assistant Collector or Deputy Collector or Assistant Commissioner, as is referred to in subsection (2A) of Section 23 of the said Act, it can be decided on its own merits, and in none of the decisions referred to above, such dispute was ever raised and decided.

It is seen from the foregoing that the Learned Division Bench left the issue for consideration as to whether certain Sub-Divisional Officer is not of the rank of Assistant Collector, Deputy Collector or

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Assistant Commissioner, to be decided on merits in any respective case in with such issues arises.

This Petition is a case where this issue has fairly arisen and despite two rounds, no affidavit is submitted to address whether the Sub-Divisional Officer is of the rank of the Assistant Collector, Deputy Collector or Assistant Commissioner.

Purely as a last chance, the matter is stood over to April 15, 2026 to enable this facet to be clarified.

On the face of it, it appears that ability to delegate to the SubDivisional Officer has been enabled only from December 31, 2025. Unless it is shown that the Sub-Divisional Officer in question was an Assistant Collector or Deputy Collector also carrying out of role of the Sub- Divisional Officer.

7. Stand over to April 15, 2026 .

All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court’s website.

[ SOMASEKHAR SUNDARESAN, J.]

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