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Bombay High Court
Jogindra Ramsunder Singh Alias Sharma ... vs Bholanath Matabadal Alias Nanhaku ... on 5 May, 2026
Author: Milind N. Jadhav
Bench: Milind N. Jadhav
P7.WPST.11964.206.doc
HARSHADA H. SAWANT
(P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION (ST.) NO.11964 OF 2026
Jogindra Ramsundar Singh alias Sharma .. Petitioners
Versus
Bholanath Matabadal @ Nanhaku Sharma and
Ors. .. Respondents
....................
Mr. Vijay Upadhyay, Advocate i/by Ms. Asha Kanzariya for
Petitioners.
...................
CORAM : MILIND N. JADHAV, J.
DATE : MAY 05, 2026
P.C.:
1. Not on Board. Mentioned by way of filing praecipe dated
05.05.2026. Perused the praecipe.
2. Heard Mr. Upadhyay, learned Advocate for Petitioner.
3. The lis in the present Writ Petition which is the subject
matter of Writ Petition (Stamp) No.8237 of 2026 wherein on
10.04.2026 following order was passed:-
"1. Not on Board. Mentioned by way of filing praecipe dated
10.04.2026. Perused the praecipe.
2. Heard Mr. Mishra, learned Advocate for Petitioner and Mr.
Rai, learned Advocate for contesting private Respondent No.1. Other
Respondents are State functionaries.
3. The impugned order dated 09.02.2026 is passed in
Revision under Section 257 of Maharashtra Land Revenue Code, 1966
pursuant to the orders dated 29.03.2017 and 30.05.2015 passed by
the Deputy Superintendent of Land Records (for short 'DSLR') and
Deputy District Registrar Land Records (for short 'DDRLR') in
mutation proceedings.
4. The initial Application seeking mutation was made before
DSLR which rejected the same due to humongous delay of more than
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P7.WPST.11964.206.doc
39 years. Thereafter the said order was upheld by DDLR in appeal.
However in Revision before the State both concurrent orders have
been set aside and delay of 39 years stands upheld albeit according to
Mr. Mishra without giving substantial reasons therefor.
5. Mr. Rai would submit that impugned order gives reasons
and therefore needs to be considered by the Court. He would
persuade the Court to allow him to file Affidavit-in-Reply to the Writ
Petition so as to support the case of private Respondent and
impugned order. He is permitted and directed to file Affidavit-in-
Reply before the next adjourned date. Copy of the same shall be
given one week in advance to Advocate for Petitioner.
6. Though there are certain intervening events mentioned by
Mr. Mishra those need not be gone into considering the lis which is
restricted to the issue of entitlement. However I have impressed upon
private Respondent's Advocate to take appropriate instructions as to
whether they would approach the Civil Court for seeking entitlement
and accordingly apprise the Court on the next adjourned date.
7. Needless to state that the Petition shall be heard and
decided on its merits. This is primarily because in the interregnum
private Respondent had filed Suit which according to Mr. Rai was on
a different cause of action and not relating to entitlement.
8. Be that as it may, present Writ Petition shall be heard and
decided finally at the stage of admission finally which shall be noted
by the parties in view of the narrow controversy involved in the
matter.
9. Hence, issue notice to Respondents. Mr. Rai, learned
Advocate waives service of notice to Respondent No.1.
10. Humdast permitted. In addition to Court's notice,
Petitioner is directed to serve the Respondents a copy of this order
and copy of Writ Petition and inform about the next date of hearing
by any permissible mode of service and file appropriate affidavit of
service with tangible proof thereof.
11. Affidavit-in-Reply to be filed within a period of one week
from today. Affidavit-in-Rejoinder, if any to be filed within a period
of one week thereafter.
12. In the meanwhile, proceedings before DSLR shall stand
stayed and it shall await outcome of this Petition.
13. Stand over to 27th April 2026.
14. Praecipe is disposed."
4. Proceedings before Deputy Superintendent of Land Records
have been stayed by the above order which shall apply to the present
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case also.
5. Present Writ Petition be listed with Writ Petition (Stamp)
No.8237 of 2026 on 22nd June 2026.
6. Praecipe is disposed.
H. H. SAWANT [ MILIND N. JADHAV, J. ]
HARSHADA by HARSHADA
HANUMANT
HANUMANT SAWANT
SAWANT Date: 2026.05.05
15:20:15 +0530
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