Petitioner challenged mutation entries in revenue record concerning disputed ancestral property. Court held entries are for fiscal purposes and not evidence of title. Writ jurisdiction not maintainable; parties to approach Civil Court. Petition dismissed.
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wp252810.odt
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO.2528 OF 2010
Kamlakar Dashrath Wani
Petitioner
Versus
Prabhakar Dashrath Wani & others
Respondents
Mr.S.P.Shah, advocate for the petitioner.
Dismissed as against R.No.3 as per Court’s order dated 17.06.2011.
CORAM : R.M.BORDE, J. DATE : 07th September, 2012.
PER COURT:
1 The challenge raised in the petition is in respect of recording of mutation entries in the revenue record.
2 Petitioner and respondents are real brothers and disputed property is undisputedly ancestral property. Considering nature of challenge, it would be appropriate for the parties to approach the Civil Court and get the dispute adjudicated.
3 So far as revenue entries are concerned, it is well established that revenue entries are recorded for fiscal purposes and those entries, in themselves, are not the evidence of right, title or entitlement of the parties in relation to the property in question.
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wp252810.odt
The revenue entries can be corrected in accordance with determination of rights of the parties by the Civil Court. In this view of the matter, no interference is called for in the petition.
4 Writ Petition stands dismissed.
R.M.BORDE
JUDGE
adb/wp252810
3 issues framed by the court
Whether writ jurisdiction is maintainable to challenge recording of mutation entries in revenue record regarding disputed ancestral property.
Whether revenue entries are evidence of title or merely for fiscal purposes.
Whether parties should approach Civil Court for adjudication of property dispute instead of approaching High Court in Writ Petition.
Kamlakar Dashrath Wani
Prabhakar Dashrath Wani
R.M. Borde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
