In this writ petition, the petitioner challenged orders remanding a mutation matter to a Tahsildar for fresh enquiry. The High Court held that no illegality was noticed as the petitioner remains entitled to appear before the Tahsildar to canvass grievances regarding the partition decree and sale deed status.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP6599.2013
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 6599 OF 2013
Kantabai Sudam Mhaske
...Petitioner
Versus
Shankar Baburao Sawant and others
…. Respondents
Mr R. V. Deshmukh, Advocate for petitioner Mr S. D. Ghayal, Advocate for respondent No. 1
CORAM : N. W. SAMBRE, J. DATED : 15th JULY, 2014.
PER COURT : -
WP6599.2013
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mutation entry was taken in relation to Gut No. 247. He submits that, once the revenue entries taken in view of the decree passed in the suit, the order impugned in the present petition ought not to have been passed by learned Sub-Divisional Officer, Beed, remanding the matter back to the Tahsildar for enquiry. He submits that, the Sub-Divisional Officer has passed an order on 9th March, 2009 in relation to land Gut No. 247, area 1.12 R and mutation entries to be taken thereto in light of the sale deed. He submits that, the power of enquiry in view of provisions of Section 54 of Civil Procedure Code, such a matter vest only with Additional Collector and against the order of Additional Collector, an appeal lies before the Divisional Commissioner. According to present petitioner, the order impugned passed by the Sub-Divisional Officer is without jurisdiction, the matter ought not to have been referred by the Sub-Divisional Officer to the Tahsildar for enquiry.
WP6599.2013
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by the trial Court in the matter of partition and separate possession, effecting of partition and separate possession, mutation entries, claim made out of the sale deed on the above referred land and then pass the appropriate order.
( N. W. SAMBRE, J. )
Punde
2 issues framed by the court
Whether Sub-Divisional Officer lacked jurisdiction to pass an order remanding a mutation matter to Tahsildar after a partition decree was passed in Civil Court.
Whether the impugned orders under the Maharashtra Land Revenue Code are illegal for remanding the matter for fresh enquiry based on a sale deed subject to a partition decree.
1 provisions across 1 enactments
Kantabai Sudam Mhaske
Shankar Baburao Sawant
N. W. Sambre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
