(P.A.)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION (ST.) NO.37203 OF 2025 Nazir Kadir Shaikh .. Petitioner Versus Jaitun Mamud Shaikh (since deceased through legal heirs) Sakina Anwar Shaikh and Ors. Respondents .................…

 Mr. Abhijit B. Kadam, Advocate for Petitioner.

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CORAM : MILIND N. JADHAV, J.

DATE : NOVEMBER 25, 2025 P.C . :

1. Not on Board. Mentioned by way of filing praecipe dated

25.11.2025. Perused the praecipe.

2. Heard Mr. Kadam, learned Advocate for Petitioner.

3. Prima facie, it is seen that impugned order is passed on ground of delay of 80 days in filing statutory Application under Section 257 of the Maharashtra Land Revenue Code, 1966 (for short ‘the said Code’) challenging the order of First Appellate Authority i.e. Additional Collector.

4. If the timeline is seen, there is no delay whatsoever in view of the amended provisions of Section 257 of the said Code.

5. In that view of the matter, prima facie the impugned order is unsustainable.

6. There is another issue which is argued by Mr. Kadam which goes to the root of the matter. He would submit that order of Tahsildar and Additional Collector itself is prima facie incongruous in view of principal order condoning the delay of 47 years. 7. Be that as it may, issue notice to Respondents.

8. 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.

9. Respondents are directed to file Affidavit-in-Reply, if so desired before the next adjourned date.

10. In view of the order dated 22.10.2024 of status quo granted by Revision Authority, which is appended at page No.80, same is directed to be continued until the present Writ Petition is heard and disposed.

11. This Writ Petition shall be disposed finally at the stage of admission which shall noted by the parties / Respondents.

12. Stand over to 23^rd December, 2025.

13. Praecipe is disposed.

[ MILIND N. JADHAV, J. ]

Digitally signed by HARSHADA HARSHADA HANUMANT HANUMANT SAWANT SAWANT Date:

2025.11.25