Petitioner challenged dismissal of revision seeking correction in mutation entry. Court held that a pending civil suit for ownership declaration binds revenue authorities, making the writ petition premature.
Writ petition dismissed; no order as to costs.
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1 wp 8157.11
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 8157 OF 2011
Dadu Sahadu Gorakhe .. Petitioner
Versus
Namdeo Mahadu Gorakhe and others .. Respondents
Shri V. P. Latange, Advocate for the Petitioner.
CORAM : S. V. GANGAPURWALA, J. DATE : 15TH NOVEMBER, 2011.
PER COURT :
. The present petitioner filed objection petition and prayed for cancellation of mutation entry No. 2509 before the Tahsildar. The said mutation entry was set aside by the Tahsildar. The respondents preferred an appeal before the Sub Divisional Officer, who allowed the appeal. Against the said order the petitioner preferred an appeal before the Collector. The Collector dismissed the appeal. Aggrieved thereby the petitioner filed revision before the Commissioner. The Commissioner also dismissed the revision. The petitioner has assailed the said orders in the present petition.
2 wp 8157.11
3 wp 8157.11
revenue authority.
[ S. V. GANGAPURWALA, J. ]
bsb/Nov. 11
2 issues framed by the court
Whether the writ petition regarding mutation entry be entertained pending a civil suit for declaration of ownership.
Whether revenue authorities are bound by the pending decision of the Civil Court.
Dadu Sahadu Gorakhe
Namdeo Mahadu Gorakhe
S. V. Gangapurwala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
