Surendra Piraji Bagde vs The State Of Maharashtra Through State ...
2025 Latest Caselaw 5366 Bom

Bombay High Court

Surendra Piraji Bagde vs The State Of Maharashtra Through State ... on 8 September, 2025

Author: Manish Pitale

Bench: Manish Pitale

                                                            81wp10881-25

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    BENCH AT AURANGABAD

                81 WRIT PETITION NO. 10881 OF 2025

                         Surendra Piraji Bagde
                                VERSUS
The State Of Maharashtra Through State Revenue Minister And Others
                                   ...
Mr. S. V. Adwant, Advocate for the Petitioner
Mr. V. M. Kagne, AGP for the Respondents-State
                                    .....

                                      MANISH PITALE &
               CORAM            :
                                      Y. G. KHOBRAGADE, JJ.

               DATE             :     8th September, 2025
PER COURT :-

1. The present petition challenges the order dated 13.05.2025

passed on behalf of the Respondent State in an Appeal filed under

Section 3(2) of the Maharashtra Inferior Village Watans Abolition Act,

1959. Perusal of order itself shows that it has been passed by

exercising quasi judicial powers available to the concerned authority

under section 3(2) of the said Act.

2. In view of the above position, learned AGP submitted that the

instant petition ought to be placed before a learned Single Judge of this

Court in the light of Chapter XVII Rule 18 of the Bombay High Court

Appellate Side Rules, 1960.

3. At this stage, learned counsel for the petitioner submitted

that since the aforementioned Act does not find mention in the list of

Statutes stated in the said Rules, the contention raised by the learned

AGP cannot be accepted.

81wp10881-25

4. In this context, the learned AGP relied upon a Full Bench

judgment of this Court in Magnum Opus It Consulting Pvt. Ltd. ... vs

M/S. Artcad Systems. The question for consideration before the Full

Bench of this Court was as to whether the powers of learned Single

Judge of this Court under the Appellate Side Rules are limited to

considering judicial or quasi judicial orders concerning the Statutes

specifically stated in Chapter XVII Rule 18 of the Appellate Side Rules

or that the same would include orders passed under any other Statutes.

The said question has been answered by the Full Bench by placing

reliance on earlier judgment of the Full Bench of this Court in the case

of Prakash Securities Pvt. Ltd. v/s. Life Insurance Corporation, reported

in 2012 (5) Mh.LJ 312, by holding that even if an order, judicial or

quasi judicial, is passed by exercising powers under Statues not

specifically mentioned in the aforesaid Rule of the Appellate Side Rules,

the petition would nonetheless lie before a Single Judge of this court.

5. In view of the said pronouncement, we agree with the

submission made by the learned AGP. Accordingly, the Registry is

directed to place the present petition before the appropriate Bench of

this Court.

 ( Y. G. KHOBRAGADE, J. )                          ( MANISH PITALE, J. )


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