The single-judge bench disposed of a writ petition concerning a disputed mutation entry. The court held that the revenue order would not impede civil proceedings regarding land title, rendering quashing unnecessary.
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.
08.06.2015
WP-2967-15.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.2967 OF 2015
Pramod Brahmanand More and others .. Petitioners Versus Premsingh Shankarsingh Bayas and others .. Respondents
Mr. P. J. Thorat, for the Petitioners. Mr. S. D. Rayrikar, AGP for the Respondent Nos.6 to 10.
CORAM : R.M. SAVANT, J. DATE : 08th JUNE, 2015
P.C.
1. The dispute is in respect of mutation entry No.321 which was effected in favour of the Respondent No.1. The Revision Application filed by the Petitioner before the Hon'ble Minister for Revenue, Government of Maharashtra came to be dismissed by the impugned order dated 16.01.2014. The Petitioner claims to have purchased the land in question in the year 2011 from one Smt. Sushilabai Narayan Rathod who had purchased it from the Respondent No.2. The dispute is therefore one concerning title to the land in question. Hence, it is not necessary to interdict with the impugned order passed by the Revisionary Authority as it would be open for the Petitioner to assert his right to title in respect of the land in question by filing appropriate Civil proceedings if not already
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BGP .
08.06.2015
WP-2967-15.doc
filed. Needless to state that the orders passed by the Revenue Authorities would not come in the way of the Petitioner in prosecuting any proceedings that would be filed by him based on title. With the aforesaid observations, the Writ Petition is disposed of.
[R.M. SAVANT, J]
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BGP .
1 issue framed by the court
Whether the Writ Petition challenging the mutation entry and revision application order requires the impugned order to be quashed as it would not obstruct civil proceedings on title.
Pramod Brahmanand More and others
Premsingh Shankarsingh Bayas and others
R.M. Savant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court