Petitioners challenged mutation entries. The Court held revenue entries are not evidence of title and must be corrected per pending civil litigation. The Writ Petition was disposed of with rule discharged and no costs.
Writ Petition disposed of and rule discharged. No costs.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO.3288 OF 1992
Vs
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r/o.Mewapur, tq. Udgir, District Latur.
3 Pundlik Yeshwantrao r/o.Mewapur, Tq.Udgir, District Latur. ..Respondents
Mr.A.S.Golegaonkar, advocate for petitioners.
Mr.Umakant Patil, advocate for respondents.
CORAM : R.M.BORDE, J. DATE : MAY 4, 2012
ORAL JUDGMENT :
Petitioners in this petition raise challenge to the orders passed by the Revenue Authorities in respect of recording of mutation entries.
2] It is well established that the revenue entries themselves are not evidence of title or entitlement of the parties in relation to the properties. The revenue entries are recorded for fiscal purposes and those need to be corrected in accordance with determination of rights
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of the parties by competent Civil Court. On perusal of paragraph 11 of the petition, it transpires that the petitioners herein have presented Regular Civil Suit No.373 of 1990 claiming decree of ownership and perpetual injunction against the respondents. In this view of the matter, the revenue entries already recorded shall have to be corrected in accordance with the decision rendered in the pending civil litigation between the parties.
3] With these observations, Writ Petition stands disposed. Rule discharged. No costs.
[R.M.BORDE, J.]
kbp/
2 issues framed by the court
Whether the challenge to mutation entries is maintainable when a civil suit for ownership and injunction is pending.
Whether revenue entries are conclusive evidence of title independent of a civil court decree.
Vidhadhar Jalba Patil
Trimbak Jalba Patil
Devidas Jalba Patil
Birbal Jalba Patil
Venkatrao Yeshwantrao
Shesharao Babarao
R.M. Borde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court