Rahul Uttam Dhane and Ors v. State of Maharashtra Through Addl Chief Secretary and Ors

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9953 OF 2026 Rahul Uttam Dhane & Ors. .... Petitioners Vs. State of Maharashtra, through .... Respondents Additional Chief Secretary & Ors. WITH WRIT PETITION NO.8208 OF 2026 V. Aravindakshan .... Petitioner Vs. State of Maharashtra .... Respondents WITH WRIT PETITION NO.8205 OF 2026 Dattatray Gopal Jadhav .... Petitioner Vs. State of Maharashtra .... Respondents WITH WRIT PETITION NO.8207 OF 2026 Kailas Sahu .... Petitioner Vs. State of Maharashtra .... Respondents SUFIYAN EHTESHAM SYED Digitally signed by SUFIYAN EHTESHAM SYED Date: 2026.10.15 +0530 WITH WRIT PETITION NO.8206 OF 2026 Fanikumar Sarveshwarrao Pemmaraju .... Petitioner Vs. State of Maharashtra .... Respondents Adv. Kuldeep Nikam i/b. Adv. Kiran Nanaso Patil, Advocate for Petitioners in all Petitions Mr. Ketan Joshi a/w. Ms. Savina R. C. 'B' Panel Counsel for State in WP No. 9953 of 2026. S. D. Chipade, AGP for the State in WP No. 8208 of 2026. Ms. M. Srivastava, AGP for the State in WP No. 8205 of 2026 V. R. Raje, AGP for the State in WP No. 8207 of 2026. P. G. Sawant, AGP for the State in WP No. 8206 of 2026. CORAM : ARUN R. PEDNEKER, J. Date : 12th OCTOBER 2026 P.C. :

¶1Learned Counsel for the Petitioners submits that the present matters stand concluded by two judgments of this Court: the judgment dated

24.10.2024 passed by the Division Bench in Writ Petition No. 11180 of 2024, and the subsequent judgment passed by the learned Single Judge in Writ Petition No. 8653 of 2025 dated 22.07.2025.

¶2The facts are identical. The Petitioners have purchased their respective lands from Mr. K. R. Malik, Chairman and Managing Director of M/s. Sairung Developers and Promoters Private Limited. The Circle Officer rejected the certification of Mutation Entry No. 5571 dated 12.03.2026 as per Writ Petition No. 8205 of 2026.

¶3The chart below depicts rejection of certification of Mutation Entries in all the Writ Petitions : Sr. No Writ Petition Nos Sale Deed No and Date Mutation No. Rejection Date Writ Petition No. 8205 of 2026. Sale Deed No. 4707 of 2026 dated 13.02.2026. Mutation Entry

No. 5571 dated

17.02.2026

12.03.2026 Writ Petition No. 8208 of 2026. Sale Deed No. 10223 of 2013 dated 26.12.2013 Mutation Entry

No. 5622 dated

23.03.2026

08.04.2026 Writ Petition No. 8207 of 2026. Sale Deed No. 74 of 2017 dated

10.01.2017 Mutation Entry

No. 5621 dated

23.03.2026

08.04.2026

¶4Writ Petition No. 8206 of 2026. Sale Deed No. 10715 of 2014 dated 31.12.2014 Mutation Entry

No. 5620 dated

23.03.2026

08.04.2026

¶5Writ Petition No. 9953 of 2026. Sale Deed No. 24849 of 2025 dated 24.12.2025 Mutation Entry

No. 7017 dated

27.01.2026

24.12.2025

¶4The Circle Officer declined to certify the Mutation Entry on the ground that the State Government had issued a notification dated 10.07.2023 under Sections 4 and 5(1) of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999, in respect of properties of M/s. Sairung Developers and Promoters Private Limited, a financial establishment.

¶5By order dated 24.10.2024 in Writ Petition No. 11180 of 2024 and order dated 22.07.2025 in Writ Petition No. 8653 of 2025, this Court directed the concerned authorities to certify the mutation entries, observing that the properties in respect of which certification was sought did not form part of the notification issued by the Home Department in exercise of the powers under Sections 4 and 5(1) of the Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999.

¶6The present Petitioners are identically situated. Accordingly, the Petitions are allowed in terms of Prayer Clauses (a) and (b), which read as under : I) In Writ Petition No. 8208 of 2026 :- "(a) Quash and set aside the impugned order dated

08.04.2026 passed by the Respondent No. 2 – Circle Officer, Thergaon, Taluka Mulshi, District Pune, being illegal, arbitrary and bad in law ;

(b) Pass appropriate order directing the Respondent No. 2 – Circle Officer, Thergaon, Taluka Munshi, District Pune to certify the Mutation Entry No. 5622 being effected on the basis of registered Sale Deed No. 10223 of 2013 dated 26.12.2013 in the interest of justice;" II) In Writ Petition No. 8205 of 2026 :- "(a) Quash and set aside the impugned order dated

12.03.2026 passed by the Respondent No. 2 – Circle Officer, Thergaon, Taluka Mulshi, District Pune, being illegal, arbitrary and bad in law ;

(b) Pass appropriate order directing the Respondent No. 2 – Circle Officer, Thergaon, Taluka Munshi, District Pune to certify the Mutation Entry No. 5571 being effected on the basis of registered Sale Deed No. 4707 of 2026 dated

13.02.2026 in the interest of justice;" III) In Writ Petition No. 8207 of 2026 :- "(a) Quash and set aside the impugned order dated

08.04.2026 passed by the Respondent No. 2 – Circle Officer, Thergaon, Taluka Mulshi, District Pune, being illegal, arbitrary and bad in law ;

(b) Pass appropriate order directing the Respondent No. 2 – Circle Officer, Thergaon, Taluka Munshi, District Pune to certify the Mutation Entry No. 5621 being effected on the basis of registered Sale Deed No. 74 of 2017 dated

10.01.2017 in the interest of justice;" IV) In Writ Petition No. 8206 of 2026 :- "(a) Quash and set aside the impugned order dated

08.04.2026 passed by the Respondent No. 2 – Circle Officer, Thergaon, Taluka Mulshi, District Pune, being illegal, arbitrary and bad in law ;

(b) Pass appropriate order directing the Respondent No. 2 – Circle Officer, Thergaon, Taluka Munshi, District Pune to certify the Mutation Entry No. 5620 being effected on the basis of registered Sale Deed No. 10715 of 2014 dated 31.12.2014 in the interest of justice;" IN WRIT PETITION NO. 9953 OF 2026 :

¶7The facts are slightly different in the present case. There appears to be a misidentification of the property by the Respondents in respect of Survey No. 89. The property is identified in the notification at Item No. 101 as Khata No. 556121, Gat No. 89, admeasuring 0.04.35 H.R. Sq. Mtr., belonging to Mr. K. R. Malik. However, the Petitioner has purchased an area admeasuring 10.38 R out of the total area of 0.39.62 R.

¶8However, the property described in the notification does not correspond to the property bearing the survey number referred to in the present Petition.

¶9This Court, in similar factual circumstances, passed an order dated

13.10.2025 in Writ Petition No. 12272 of 2025 concerning the property bearing Survey No. 89, Khata No. 10370, wherein a similar issue of misidentification by the Circle Officer had arisen.

¶10Considering the above, the orders passed in the other Writ Petitions shall also apply to the present Petition No. 9953 of 2026. Accordingly, the Petition is allowed in terms of Prayer Clauses (a) and (b), as noted below:

(a) Quash and set aside the impugned order dated

27.01.2026 passed by the Respondent No. 2 – Circle Officer, Thergaon, Taluka Mulshi, District Pune, being illegal, arbitrary and bad in law ;

(b) Pass appropriate order directing the Respondent No. 2 – Circle Officer, Thergaon, Taluka Munshi, District Pune to certify the Mutation Entry No. 7017 being effected on the basis of registered Sale Deed No. 24849 dated

24.12.2025 in the interest of justice;" (ARUN R. PEDNEKER, J.)