Shri Aditya Dharmendra Goyal vs The Tahsildar And Executive Magistrte
2025 Latest Caselaw 196 Bom

Bombay High Court

Shri Aditya Dharmendra Goyal vs The Tahsildar And Executive Magistrte on 7 May, 2025

Author: A.S. Chandurkar

Bench: A.S. Chandurkar

    2025:BHC-AS:20952-DB
      Digitally
      signed by
      SNEHA
SNEHA ABHAY
ABHAY DIXIT
DIXIT Date:
      2025.05.07
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
      20:04:45                                     CIVIL APPELLATE JURISDICTION
      +0530



                                              WRIT PETITION NO.5604 OF 2025
                   1. Aditya Dharmendra Goyal                                       ]
                   2. Lata Dharmendra Goyal                                         ] .. Petitioners
                             Versus
                   1. The Tahsildar and Executive Magistrate, Thane                 ]
                   2. The Circle Officer, Mumbra, Dist. Thane                       ]
                   3. The Talathi, Saja, Diva, Dist. Thane                          ]
                   4. The State of Maharashtra,                                     ]
                      Through Revenue Officer, Dist. Thane                          ] .. Respondents


                   Mr. R.V. Pai, Senior Advocate, with Mr. Akshay Pai, i/by Mr. M.A. Khan and
                   Ms. Deepti Mehta, Advocates for the Petitioners.
                   Mr. M.M. Pable, Assistant Government Pleader for the Respondents.


                                                             CORAM : A.S. CHANDURKAR &
                                                                     DR. NEELA GOKHALE, JJ
                                                             DATE    : 7TH MAY 2025.


                   ORAL JUDGMENT : { Per A.S. Chandurkar, J. }

1. Rule. Rule made returnable forthwith and heard learned counsel for

the parties.

2. Pursuant to an earlier order passed by this Court in Writ Petition

No.12072 of 2022 (Shri. Aditya Dharmendra Goyal and Ors. Vs. The

Tahsildar and Executive Magistrate, Thane and Ors.) dated 2nd May 2023,

the order dated 3rd December 2024 has been passed by the Tahsildar and

Executive Magistrate, Thane. By the said order, the Tahsildar has

maintained his earlier order dated 12th July 2022 and has directed the

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petitioners to pay an amount of Rs.1,71,05,04,768/- under Section 48(7)

of the Maharashtra Land Revenue Code, 1966. Being aggrieved, the

petitioners have preferred an appeal under Section 247 of the Code before

the Sub-Divisional Officer. Along with the said appeal an application for

stay has also been preferred. In the meanwhile, on 27 th March 2025, the

Tahsildar has sought to execute his earlier order dated 3 rd December 2024.

In this backdrop, the petitioners have approached this Court seeking relief.

3. After hearing the learned Senior Advocate for the petitioners as well

as the learned Assistant Government Pleader for the respondents, we find

that under the First Proviso to Section 256(2) of the Code, in an appeal

preferred against an order directing payment of an amount to the State

Government, the execution of such order cannot be stayed unless the

appellant deposits 25% of such amount payable to the Government. Under

the Second Proviso to Section 256(2) of the Code, in exceptional cases the

Appellate Authority after recording reasons in writing can suitably reduce

the amount of deposit of 25%. In the light of these statutory provisions, it

would be open for the petitioners to invoke the Second Proviso to Section

256(2) of the Code and seek reduction in the amount of the mandatory

deposit, in case the Appellate Authority is inclined to grant stay. In that

view of the matter, the following order is passed :-

(i) While seeking stay of the order dated 3 rd December, 2024, it would be open for the petitioners to request

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the Appellate Authority to reduce the amount of deposit as mandated by the First Proviso to Section 256(2) of the Code.

(ii) If such application is made by the petitioners within a period of ten days from today, the same shall be considered and decided by the Appellate Authority on its own merits and in accordance with law within a period of four weeks from that date.

(iii) Till the said application is considered, the Tahsildar/Circle Officer shall not take any further steps pursuant to the communication dated 27th March 2025.

(iv) It is clarified that this protection is without entering into the merits of the case and only to enable the petitioners to make such request.

(v) In case any adverse order is passed by the Sub-

Divisional Officer, the same shall not be implemented for a period of two weeks from the date of its communication to the petitioners.

4. Keeping all issues on merits open and with aforesaid directions, Rule

is disposed of in aforesaid terms. No costs.

[ DR. NEELA GOKHALE, J. ] [ A.S. CHANDURKAR, J. ]

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