The Single Judge dismissed a writ petition challenging mutation entries. The Court held that mutation entries are for fiscal purposes only and do not create or extinguish rights. Civil Courts remain competent to adjudicate rights independently.
Writ petition not entertained and disposed off.
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1 wp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION
WRIT PETITION NO.588 OF 2012
Mahadu G. Gurule
..Petitioner.
v/s.
Shriram P. Gurule & Ors.
..Respondents.
Shri B.P.Abhale for the petitioner.
Ms Manjiri Parasnis for the respondents.
CORAM : RANJIT MORE, J.
DATED : 4th April, 2012.
P.C.:
2 The Petition pertains to the recording of mutation entries. It is settled position of law that the mutation entry does not create or extinguish rights of the parties and the same are recorded for fiscal purposes only. A reference can be made to the decision of the Apex Court in the matter of Balwant Singh & Another v/s. Daulat Singh, reported in 1997(7) SCC 137 . Parties are always at liberty to get their rights adjudicated by the Civil Court. In that view of the matter, I am not inclined to entertain the writ petition. It is accordingly disposed off.
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the same independently, on its own merits and without being influenced by the observation made in the impugned order.
(RANJIT MORE, J.)
2 issues framed by the court
Whether the High Court should entertain a writ petition challenging mutation entries.
Whether the mutation entry creates or extinguishes rights of the parties.
Colour shows how this judgement treated each authority
Balwant Singh & Another v.s. Daulat SinghReferred¶2
Balwant Singh & Another v/s. Daulat Singh, 1997(7) SCC 137 · Who else cites this
Mahadu G. Gurule
Shriram P. Gurule & Ors.
Ranjit More
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
