Akbar Aklakh Shaikh vs the Additional Divisional Commissioner and Others — Bombay HC (2026) — LawSathi Research

Akbar Aklakh Shaikh vs the Additional Divisional Commissioner and Others — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: Divisional Commissioner to decide ROR/Revision No. 382 of 2025 within four months; status-quo as to the mutation entry (as on 14.01.2026) to continue till disposal of the Revision Application; parties to cooperate for early disposal; no expression of opinion on merits.

Issue for consideration

Whether this Court should adjudicate the merits/legality of the mutation entry when the underlying dispute between the parties is sub judice before the Civil Court. +1 more

Court's answer

Since the dispute between the parties is sub judice before the Civil Court, this Court would not delve into the merits of the parties' contentions regarding the legality of the mutation entry.

Ratio / Principle

The learned Divisional Commissioner, Chhatrapati Sambhajinagar is directed to decide ROR/Revision No. 382 of 2025 expeditiously and in any case within four months.

Key takeaways

Till disposal of the Revision Application, status-quo as to the mutation entry as it stood on 14.01.2026 shall be maintained.ratio¶18
This Court has not expressed any opinion on the merits of the parties' contentions; the learned Divisional Commissioner shall take his decision on its own merits.ratio¶20

Detailed headnote1 paragraphs

Writ Petition disposed of by single judge of the Bombay High Court (Aurangabad Bench) where the Petitioner challenged rejection of his stay application against an Additional Collector, Dharashiv order (Case No.2023/RTS/250) in ROR/Revision No. 382 of 2025. The Court declined to examine the legality of the mutation entry since the underlying dispute (sale deed dated 05.01.2023 versus a claimed prior agreement to sell) is sub judice before the Civil Court, where a temporary injunction already restrains the Petitioner and his vendor from alienating the suit property. Directions issued: the Divisional Commissioner, Chhatrapati Sambhajinagar to decide the revision expeditiously and in any case within four months; status-quo as to the mutation entry as on 14.01.2026 to be maintained till disposal of the Revision Application; express reservation that no opinion was expressed on merits.

2026:BHC-AUG:3198

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

938 WRIT PETITION NO. 368 OF 2026

AKBAR AKLAKH SHAIKH

VERSUS

THE ADDITIONAL DIVISIONAL COMMISSIONER AND OTHERS

Mr. R. N. Dhorde, Senior Advocate i/b Mr. A. M. Jaju, Advocate for the Petitioner Mr. S. R. Yadav-Lonikar, AGP for Respondent/State Mr. A. A. Khande, Advocate for Respondent No.6

CORAM : S. G. CHAPALGAONKAR, J. DATED : 21^st JANUARY, 2026

P. C. :-

The present Writ Petition takes exception to the order dated 24.12.2025 passed by learned Additional Divisional Commissioner at Chhatrapati Sambhajinagar in ROR/Revision No. 382 of 2025, whereby Petitioner’s application for grant of stay to the order passed by Additional Collector, Dharashiv in Case No.2023/RTS/250 has been rejected.

The Petitioner claims that he has purchased suit property under a registered sale deed dated 05.01.2023. The mutation entry dated 25.01.2023 was effected in his favour. Respondent No.6 claims that he had an agreement to sell in relation of suit property prior in point of time, hence asserted his rights by filing a suit and raised challenge to sale deed. In that suit, Trial Court has granted temporary injunction restraining Petitioner as well as his

1 of 2

938 WP 368.2026.odt

vendor from alienating or creating third party interest in suit property.

In light of aforesaid backdrop, when dispute between parties is sub judice before Civil Court, this Court would not delve into merits of contentions of parties as regards legality of mutation entry. Pertinently, proceeding regarding mutation entry is sub judice before Additional Divisional Commissioner in ROR/Revision No. 382 of 2025. On 14.01.2026, at first hearing of present petition, this Court directed parties to maintain status-quo as to the mutation entry. In that view of matter, present writ petition can be disposed of by following order.

ORDER

(i) The learned Divisional Commissioner, Chhatrapati Sambhajinagar shall expeditiously decide ROR/Revision No. 382 of 2025 and in any case within a period of four months from today.

(iii) Till disposal of Revision Application, status-quo as to the mutation entry as it was on 14.01.2026 shall be maintained.

(iv) Parties to cooperate for early disposal.

(v) Needless to state that this Court has not expressed any opinion on merits of the contentions of the parties and learned Divisional Commissioner shall take his decision on its own merits.

(S. G. CHAPALGAONKAR, J.)

ssp

2 of 2

938 WP 368.2026.odt