Nagpur: The regularization order dated January 31, 2024, issued by the SDO concerning land near Belatarodi-Besa in Velahari was cancelled by the Collector’s office following a review petition. Challenging this cancellation, Gyaneshwar Wankhede filed a petition in the High Court. After hearing the case, the High Court ordered the status quo to be maintained and issued notices to the Collector, Additional Collector, SDO, Tehsildar, and the Secretary of Velahari Gram Panchayat, directing them to file their responses.
The petitioner’s lawyer sought and received permission from the court to amend the petition during the hearing.
Gold Rate
04 Aug 2025
Arguments by Petitioner’s Lawyer
The lawyer argued that the SDO had followed due legal process in passing the regularization order in favor of the petitioner on January 31, 2024. However, the Collector’s office cancelled this order without issuing any notice to the petitioner after a review petition was filed by the Velahari Gram Panchayat Secretary. This, the lawyer claimed, violated the principles of natural justice.
High Court’s Order and Legal Precedent
The court referenced its order dated April 3, 2025, emphasizing that before deciding on any statutory appeal, the prescribed legal procedures must be followed. The petitioner’s counsel cited the case of Hukamchand Shankarlal Gandhi vs. State of Maharashtra and others, explaining that under Section 258(2) of the Maharashtra Land Revenue Code, the power of review is analogous to the civil procedure code’s review rights and can only be exercised under specific circumstances.
The court will consider the responses from all parties before making a further decision in the next hearing.
