Ashok Shankarrao Ambadare vs. Collector Yavatmal

ITEM NO.20 COURT NO.15 SECTION IX

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition for Special Leave to Appeal (C) No. 5668/2023

[Arising out of impugned final judgment and order dated 26-07-2022 in WP No. 5038/2019 passed by the High Court of Judicature at Bombay at Nagpur]

ASHOK SHANKARRAO AMBADARE & ORS. Petitioner(s)

VERSUS

COLLECTOR YAVATMAL & ORS. Respondent(s)

(IA No. 66458/2025 - EXEMPTION FROM FILING O.T., IA No. 158226/2024 - EXEMPTION FROM FILING O.T., IA No. 60289/2023 - EXEMPTION FROM FILING O.T., IA No. 200518/2022 - EXEMPTION FROM FILING O.T., IA No. 60287/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES and IA No. 200517/2022 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)

Date : 20-05-2025 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SANJAY KUMAR HON'BLE MR. JUSTICE K.V. VISWANATHAN

For Petitioner(s) :

Mr. Amit Anand Tiwari, Sr. Adv.

• Mr. Devesh Tripathi, Adv.
  • Ms. Pragya Agrawal, Adv.
  • Mr. Mukteshwar Nath Dubey, Adv.
  • Mr. Faraz Anees, Adv.
  • Ms. Epsita Agastya, Adv.
  • Mr. Kartik Vashisht, Adv.
  • Mr. Ravi Kumar, Adv.
  • Mr. Ashish Parashar, Adv.
  • Mr. Ajay Kumar, Adv.
  • Ms. Jagriti Pandey, Adv.
  • Mr. Shanthanu, Adv.
  • Mr. Praveen Swarup, AOR

For Respondent(s) :

• Mr. Aaditya Aniruddha Pande, AOR Mr. Siddharth Dharmadhikari, Adv. Mr. Shrirang B. Varma, Adv. Mr. Bharat Bagla, Adv.
  • Mr. Sourav Singh, Adv.

Mr. Aditya Krishna, Adv. Mr. Adarsh Dubey, Adv.

Mr. Hrishikesh Chitaley, Adv. Mr. Rajat Joseph, AOR

UPON hearing the counsel, the Court made the following O R D E R

This special leave petition was filed assailing the correctness of the judgment and final order dated 26.07.2022 passed by the High Court of Judicature at Bombay in Writ Petition No. 5038/2019. By the said order, the High Court set aside the order dated 23.10.2018 passed by the revisional authority, viz., the Minister of State (Revenue), Government of Maharashtra, with regard to the land holding of the family of the writ petitioner.

The High Court, however, left it open to the jurisdictional Sub-Divisional Officer-cum-Sub-Divisional Magistrate1, Yavatmal, to make an enquiry into the issue of their surplus holdings, if any, and bring it to the notice of the Collector for appropriate action.

We are informed that pursuant to the aforestated liberty, the SDO-cum-SDM, Yavatmal, conducted an enquiry and submitted Report dated 16.05.2023 to the Collector, Yavatmal, stating to the effect that the family in question did not hold any surplus land in terms of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961.

In the light of the aforesaid development, we are of the opinion that this special leave petition no longer survives for consideration on merits and it would be open to the petitioners, if

<span id="page-1-0"></span>1 "SDO-cum-SDM", for short

2

they are aggrieved by the finding(s) recorded in the Report dated 16.05.2023 of the SDO-cum-SDM, Yavatmal, to seek redressal of such grievance(s) by way of appropriate proceedings in accordance with law.

Subject to the above liberty, the special leave petition is dismissed.

Pending application(s), if any, shall stand disposed of.

(DEEPAK GUGLANI) (PREETI SAXENA) AR-cum-PS COURT MASTER (NSH)