Bhagubai Bhaurao Bhandare And ... vs The State Of Maharashtra And ...
2017 Latest Caselaw 91 Bom

                                                 Writ Petition No.2416/2017
                                        1


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

                               BENCH AT AURANGABAD


                        WRIT PETITION NO.2416 OF 2017


 1)       Bhagubai Bhaurao Bhandare,
          Age 61 years,

 2)       Yashoda Markas Salve,
          Age 51 years,

 3)       Santosh Rambhau Bhandare,
          Age 41 years,

 4)       Ravi Rambhau Khandagle,
          Age 34 years,

 5)       Sitabai Rambhau Khandagle
          Deceased

 5A)      Sangita Ambadas Khandagle
          Age 36 years,

 6)       Pappubai Kachru Jodgand
          Age 61 years,

          All Occu. Agril.,
          All R/o Kolgaon, Tq. Shevgaon,
          District Ahmednagar,
          through G.P.A. Holder
          No.5A i.e. Sangita Ambadas Khandagle,
          Age 36 years, Occu. Agril.,
          R/o Kolgaon, Tq. Shevgaon,
          District Ahmednagar.            ...   PETITIONERS

          VERSUS

 1)       The State of Maharashtra
          through its Department of
          Revenue and Forest,
          Mantralaya, Mumbai




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                                                     Writ Petition No.2416/2017
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 2)       Sub-Divisional Officer,
          Pathardi, Tq. Pathardi,
          District Ahmednagar

 3)       Tahsildar, Tahsil Office, Shevgaon,
          Tq. Shevgaon, District Ahmednagar.


          (Copy to be served on Govt.
          Pleader Office, High Court of
          Judicature at Bombay,
          Bench at Aurangabad)

 4)       Arjun Chatura Khandagale,
          Age 40 years, Occu. Kotwal,
          R/o Kolgaon, Tq. Shevgaon,
          District Ahmednagar.                   ...      RESPONDENTS

                                .....
 Shri Y.V. Kakde, Advocate for petitioners
 Shri A.V. Deshmukh, A.G.P. for respondent Nos.1 to 3
                                .....


                               CORAM:       S. B. SHUKRE, J.

                               DATED:       27th February, 2017.


 ORAL JUDGMENT :

1. Heard. Issue notice to respondent Nos.1 to 3 for final

disposal. Learned A.G.P. waives service for respondent Nos.1 to

3. There is no need to issue any notice to respondent No.4, the

reason being that administrative orders are being sought to be

challenged in this petition. Rule. Rule made returnable forthwith

Writ Petition No.2416/2017

and heard finally by consent of learned counsel for the parties.

2. The order passed by the learned Sub-Divisional

Officer on 18/2/2015 as well as on 2/7/2016, seeking review of

the order dated 18/2/2015, are purely administrative and,

therefore, the petitioners would have no locus standi to challenge

these orders.

3. In fact, the grievance of the petitioners that name of

Chatru Natha has been wrongly shown in the cultivator's column

in 7/12 extract in respect of Gat No.178 and, therefore, it be

removed, has been more than redressed in his favour when

Tahsildar, Shevgaon passed order on 19/9/2013, directing

deletion of name of Chatru Natha from the cultivator's column. If

the main grievance has been redressed, the petitioners now

cannot say that administrative authorities must use their

discretion in punishing the wrong-doers only in the manner

desired by the petitioners. The administrative authorities have,

in their discretion, imposed some punishment upon the wrong-

doers and it is not for the petitioners, who are rank outsiders for

such matter, to say that the punishment is not sufficient. If the

punishment is thought to be insufficient if at all it is, it would be

Writ Petition No.2416/2017

only for the concerned administrative authority to say so.

4. In this view of the matter, I find no merit in this

petition. Writ Petition stands dismissed with costs. Rule is

discharged.

( S. B. SHUKRE ) JUDGE

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