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2026 Supreme(Online)(Bom) 370

HIGH COURT OF BOMBAY
HON'BLE SHRI JUSTICE ABHAY J. MANTRI
PRAKASH NARSING PACHPUTE – Appellant
Versus
THE STATE OF MAHARASHTRA AND OTHERS – Respondent
WP/12332/2015



2026:BHC-AUG:5070 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 12332 OF 2015 Prakash s/o Narsing Pachpute Age: 59 years, Occu.: Agri., R/o Kashti, Tq. Shrigonda, Dist. Ahmednagar ..PETITIONER VERSUS

1. State of Maharashtra Through the Secretary for Revenue Department Mantralaya, Mumbai

2. The Deputy Director of Land Records, Nashik Division, Nashik Near C.B.S. Sharanpur Road, Nashik, Dist. Nashik

3. The District Superintendent of Land Records, Ahmednagar, Dist. Ahmednagar

4. The Deputy Superintendent Land Records, Shrigonda, Tq. Shrigonda, Dist. Ahmednagar

5. Dattatraya Bhika Pachpute Age: 51 years, Occu.; Agri., R/o Kashti, Tq. Shrigonda, Dist. Ahmednagar

6. Sau. Leelabai Vasant Pachpute Age: 61 years, Occu.: Agri., R/o Kashti, Tq. Shrigonda, Dist. Ahmednagar ..RESPONDENTS ....

Mr. V.D. Hon, Senior Advocate i/b Mr. A.V. Hon, Advocate for the petitioner Mr. B.V. Virdhe, A.G.P. for respondent nos.1 to 4 – State.

Mr. A.B. Kale, Advocate for respondent nos. 5 and 6 ....

CORAM : ABHAY J. MANTRI, J. RESERVED ON : 09th DECEMBER, 2025 PRONOUNCED ON : 04th FEBRUARY, 2026 JUDGMENT :

1. Heard. Rule. Heard finally at the admission stage with the consent of learned counsel for the respective parties.

2. The petitioner, son of the original owner of the land, Gut No. 1206, assails the order dated 09th July, 2015 passed by the Respondent No.1 – the State Minister (revenue), Government of Maharashtra in Appeal No. 3315/899/PK-197/J-6 whereby dismissed the Appeal, to correct the consolidation scheme of land Gut No.1206 at village Kashti, Tq. Shrigonda and the order/communication dated 15th July, 2014 of Respondent No.3 informing the Petitioner that his application was disposed of without any action. Also, the order/communication dated 3rd July, 2014 of Respondent No.2, thereby directed Respondent No.3 to scrutinise the scheme and inform the Petitioner accordingly, has preferred this petition.

3. Shorn of superfluities, the background facts of the case can be stated in brief, as follows :-

On 20th March, 1974, a consolidation scheme was implemented, whereby the land survey Nos. 6/3, 6/6 and 6/7 of village Kashti, Tq. Shrigonda were converted into Gut Nos. 1212, 1206 and 1208, respectively, by following the due procedure of law. However, the Petitioner, being the legal heir of the original landowner, namely Narsing Pachpute, after a lapse of thirty-eight years, had filed the application/representation on 17th September, 2012, before the Respondent No.2 to rectify the area of the land owned by his father. By order/communication dated 15th July, 2014, the respondent No.3 informed the Petitioner that the said application was disposed of without any action being taken. Against the said order, the petitioner has preferred an appeal before the State Minister (Revenue), who, after considering the material on record, dismissed the appeal. Hence, the petitioner has preferred this petition.

4. Mr. Hon, the learned Senior Counsel for the petitioner, during the arguments, took me through the Page Nos. 50 to 60 of the Petition and submitted that the learned authorities have committed an error while implementing the consolidation scheme and passing the order, thereby reducing the area of 39 R land belonging to the father of the petitioner. Therefore, the said orders are liable to be quashed and set aside. He specifically pointed out Clause Nos. 3 and 10 of the representation dated 05.03.2013, and the actual facts of the application, and submitted that the petitioner has rightly filed the application /representation for cancellation of the order passed while implementing the consolidation scheme.

5. He drew my attention to the report submitted by the Deputy Superintendent of Land Records to the District Superintendent of Land Records vide communication dated 16th December, 2013, below the table at Page Nos. 58 and 59, he has pointed out the observation of the learned Deputy Superintendent of Land Records that while implementing the consol

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