1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6025/2009 1] Pradip S/o Shankarrao Shete Age 46 yrs, Occ-Agri & Business 2] Arun S/o Baburao Shete Age 50 yrs, Occ-Agri & Business 3] Sanjog S/o Subhash Shete Age 53 yrs, Occ-Agri & Business R/o Dharur, at present Nanded. [petitioner no.1 is Power of Attorney Holder for petitioner no.2 & 3] 4] Pramod s/o Madhavrao Shete Age 46 yrs, Occ-Business 5] Ramchandra S/o Shankarrao Shete Age 46 yrs, Occ-Agri, Business Respondent No.1,2,3,5 & 6 are R/o Dharur. Dist.Beed. .. PETITIONERS VERSUS 1] Ashruba s/o Dhondiba Shingare Age Major, Occ-Agril 2] Uttam S/o Dhondiba Shingare Age Major, Occ-Agri. 3] Kesharibai W/o Dhondiba Shingare Age Major, Occ-Household, 4] Indamati D/o Dhondiba Shingare 2 Age Major, Occ-Household, All above R/o Kasba, Shingare Galli Dharur, Dist.Beed. .. RESPONDENTS .... Shri R.F.Totala,Adv.for petitioners. Shri A.P.Chaware,Adv. for Respondents 1 & 2. .... CORAM : R.K.DESHPANDE,J. DATE : 2/8/2010. ORAL JUDGMENT: 1] This Writ Petition challenges the order dated 2/5/2009 passed by the Additional Commissioner, Aurangabad Division, Aurangabad, confirming the order dated 10/6/2005 passed by the Additional Collector, Ambejogai and the order dated 29/5/2004 passed by the Sub Divisional Officer. The matter is remanded back to the Tahsildar with a direction to conduct thorough enquiry into the case and to give sufficient opportunity of hearing, by allowing all the concerned parties to give evidence. The Tahsildar, Dhule is also directed to enquire into the matter afresh after following due procedure in the light of the directions given in the order and the civil Court’s order if any pertaining to the disputed land. 2] Notice in this matter was issued on 10/9/2009 and stay was granted to the effect and implementation of the order dated 3 2/5/2009 impugned in this Petition. 3] In response to the notice issued by this Court, Shri Chaware, the learned counsel appears for respondents 1 and 2. The learned counsels for the parties agree that the Petition can be disposed of at the stage of admission. Hence, Rule. Rule made returnable forthwith. By consent of learned counsels for the parties, Petition is heard finally. 4] It is not in dispute that by an order dated 29/5/2004, the Sub Divisional Officer had remanded the matter back to the Tahsildar, Dharur for enquiry in respect of Mutation Entry No. 5436/258. After examining the Sale Deed No.1292/75 in Appeal preferred by the respondents, the Additional Commissioner has maintained the said order and passed further orders as is stated above. The learned counsels for the parties agree that after the decision of the Sub Divisional Officer given on 29/5/2004, there was report submitted by the Tahsildar on 30/7/2004. However, the said report has not been referred in the order of the Additional Commissioner. 5] Shri Totala, the learned counsel for the petitioners submits that there is no question of re-enquiry by the Tahsildar, once the report is submitted and if any party is aggrieved by this report, it is open for the said party to challenge the report, by filing an appropriate proceeding. However, this contention 4 cannot be accepted for the reason that there are directions issued by the Sub Divisional Officer as well as by the Additional Commissioner in the order and the Tahsildar will have to take into consideration the said directions alongwith report and shall have to pass fresh order. Simply because report is submitted that cannot be the subject matter of challenge by the parties before the appellate forum. If any party has any objection to the report submitted by the Tahsildar, it may raise such objection before the Tahsildar, who shall decide the same in accordance with law. 6] The matter is already remanded back by the Sub Divisional Officer as well as by the Additional Commissioner, to the Tahsildar. There is no substance in the challenge raised in the impugned order passed by the Additional Commissioner. Hence, the instant Writ Petition will have to be dismissed. However, it is made clear that the Tahsildar, Dhule, while examining the case as per the directions given by the appellate authority, shall take into consideration report dated 30/7/04 and shall also provide the parties, an opportunity of hearing before him. Petition is dismissed. Rule is discharged. No order as to costs. [R. K. DESHPANDE, J.] umg/wp6025-09