High Court of Judicature at Bombay Bench at Aurangabad Adjudicates Multiple Writ Petitions Concerning Land Revenue and Succession Claims. Proceedings Involve a Registered Partnership Firm Under the Partnership Act, 1932 and Multiple Legal Heirs of Deceased Parties, Seeking Judicial Review of Revenue Authorities' Actions.

High Court: Bombay High Court Bench: AURANGABAD
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Case Note & Summary

The writ petitions were filed before the High Court of Judicature at Bombay, Bench at Aurangabad. The litigation comprised four connected petitions: Writ Petition No.13576 of 2019, Writ Petition No.13928 of 2019, Writ Petition No.14787 of 2019, and Writ Petition No.3760 of 2021. The petitioners included individuals and a registered partnership firm, while the respondents included State of Maharashtra through Ministry of Revenue and Forest, Additional Commissioner, Nasik Division, Collector, Ahmednagar, and numerous private parties, many of whom were deceased and represented by legal heirs. The dispute appeared to relate to land revenue and succession, as indicated by the involvement of revenue authorities and extensive lists of legal representatives. The first petitioner in WP No.13576/2019 was Mangla Sharad Mutha, acting through power of attorney holder Ashok Bansilal Mutha; she also appeared as legal heir of deceased petitioner Sharad Mansukhlal Mutha. The second petitioner set included Nirmal Sharad Mutha and others. WP No.13928/2019 was filed by Luniya Munot and Company, a registered partnership firm under the Partnership Act, 1932, through its partner Rasik Zumbarlal Luniya. WP No.3760/2021 was filed by Rasik Zumbarlal Luniya individually. WP No.14787/2019 was filed by Smt. Imratbai Vijaykumar Munot. The respondents in the first three petitions included State of Maharashtra, Additional Commissioner, Collector, and private respondents such as Chhotibi w/o Karimbhai (deceased through legal heirs), Mahadu s/o Narayan Pawar (deceased through legal heirs), and Hasan Babu Zarekari. WP No.3760/2021 added further private respondents, including several deceased individuals represented by their legal heirs, such as Mamulabai Mehboobbhai Zarekari, Babu Sagulal Zarekari, Rangnath Yashwant Pandit, Bhaskar Pandurang Hiwale, Sakaram Mahadev Misal, Ramchandra Gopinath Misal, and Laxman Sitaram Bhosale. The advocates appearing for the parties were named in the cause title. The provided text did not include the factual background, pleadings, evidence, or legal submissions; it ended before the court's reasoning and order. Consequently, the specific relief sought, the issues framed, arguments advanced, and the final decision could not be ascertained from the available extract. The citation of the judgment was 2023:BHC-AUG:27266.

Issue of Consideration

WRIT PETITION NO.13576 OF 2019 A

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Case Details

2023 LawText (BOM) (12) 20

WRIT PETITION NO.13576 OF 2019; WRIT PETITION NO.13928 OF 2019; WRIT PETITION NO.3760 OF 2021; WRIT PETITION NO.14787 OF 2019

2023:BHC-AUG:27266

Mr. Mukul S. Kulkarni, Mr. R.R. Sancheti, Mr. Niteen V. Gaware, Mr. Sanjay Gaikwad, Mr. R.N. Dhorde, Mr. R.L. Kute, Mr. V.R. Dhorde, Mr. Ashwin Shete, Mr. Abhay Dhariwal, Mr. Anand P. Bhandari, Mr. Rohit R. Kakani, Mr. Patodi Rajat V.

Mangla Sharad Mutha; Sharad Mansukhlal Mutha (deceased through LRs); Luniya Munot and Company; Rasik Zumbarlal Luniya; Smt. Imratbai Vijaykumar Munot

State of Maharashtra; Additional Commissioner, Nasik Division; Collector, Ahmednagar; Chhotibi w/o Karimbhai (deceased through LRs); Mahadu s/o Narayan Pawar (deceased through LRs); Hasan Babu Zarekari; Mamulabai Mehboobbhai Zarekari (deceased through LRs); Babu Sagulal Zarekari (deceased through LRs); Rangnath Yashwant Pandit (deceased through LRs); Bhaskar Pandurang Hiwale (deceased through LRs); Sakaram Mahadev Misal (deceased through LRs); Ramchandra Gopinath Misal (deceased through LRs); Laxman Sitaram Bhosale (deceased through LRs)

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Nature of Litigation

Multiple writ petitions seeking judicial review of revenue and land-related proceedings involving multiple parties with succession and partnership issues.

Filing Reason

Dispute over land revenue entries, succession claims, and rights involving multiple deceased parties and a partnership firm.

Judgment Excerpts

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.13576 OF 2019 Luniya Munot and Company, A Registered Partnership Firm, Duly Registered under the Partnership Act, 1932 Mr.Mukul S. Kulkarni h/f. Mr.R.R.Sancheti, Advocate for the petitioners.

Procedural History

Writ Petition Nos.13576 of 2019, 13928 of 2019, and 14787 of 2019 were filed; Writ Petition No.3760 of 2021 was filed subsequently. Petitions appear to be connected and were listed together before the same bench.

Acts & Sections

  • Partnership Act, 1932:
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