##PAGE1##

2025:BHC-AS:57370

7.WP.10601.2025.doc

Ajay

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 10601 OF 2025

Krishna Vishnu Deshmukh, (Since Deceased

through LRs(

Indubai Krishna Deshmukh and Ors. .. Petitioners

Versus

The Revenue Minister,

State of Maharashtra and Ors. .. Respondents

....................

 Mr. Chetan G. Patil, Advocate appearing through VC for Petitioners.

 Mr. Bapusaheb Dahiphale, AGP for Respondents – State.

......…...........

CORAM : MILIND N. JADHAV, J.

DATE : DECEMBER 23, 2025.

P.C.:

1. Heard Mr. Patil learned Advocate appearing through VC for

Petitioners and Mr. Dahiphale, learned AGP for Respondents – State.

2. In the present Writ Petition, the impugned order is passed by

the Collector pursuant to remand made by this Court. The Collector in

remand proceeding has once again passed an identical order which

was not impugned previously. Petitioners being aggrieved have

directly approached this Court when the impugned order is an

appealable order before the first Appellate Authority namely Additional

Commissioner under the provisions of Section 247 of the Maharashtra

Land Revenue Code read with Schedule ‘E’ thereof.

1 of 3

::: Uploaded on - 24/12/2025 ::: Downloaded on - 02/04/2026 08:55:04 :::

7.WP.10601.2025.doc

3. Mr. Patil has persuaded me to consider the Collector’s order

having been passed on similar lines as the previous order on merits.

This Court cannot function as the first Appellate Court to determine

such challenge.

4. Needless to state that if Petitioners file the statutory Appeal

before the appropriate first Appellate Authority, the concerned

Appellate Authority shall determine the same in accordance with law.

5. Mr. Patil, on taking instructions informs the Court that

Petitioners shall approach the first Appellate Authority against the

impugned order. He persuades the Court to consider time spent in

filing the present Petition in so far as arresting limitation period is

concerned. That undoubtedly shall be open to Petitioners to plead

when they file statutory Appeal before the first Appellate Authority. If

the statutory Appeal is filed against the Collector’s impugned order, the

said first Appellate Authority is directed by this Court to hear and

decide the said Appeal as expeditiously as possible and in any event

within a period of eight (8) weeks from the date of filing of the said

Appeal.

6. All contentions of Petitioners are expressly kept open before

the first Appellate Authority.

7. Needless to state that said Appeal shall be decided strictly in

accordance with law without being influenced by any of the

2 of 3

::: Uploaded on - 24/12/2025 ::: Downloaded on - 02/04/2026 08:55:04 :::

7.WP.10601.2025.doc

observations made either in the impugned order or this very order by

the concerned first Appellate Authority.

8. Learned first Appellate Authority is directed to pass a

reasoned speaking order after hearing all parties.

9. With the above directions, Writ Petition is disposed.

[ MILIND N. JADHAV, J. ]

Ajay

Digitally signed

A T URJ GA A AY M LMBA UK GALE b T U Dy R aG tAA A eMJ L :A M 2BY 0A U 2K G 5.A 1L 2E .24

15:58:49 +0530

3 of 3

::: Uploaded on - 24/12/2025 ::: Downloaded on - 02/04/2026 08:55:04 :::