Court dismissed a writ petition challenging a Deputy Director's order due to delay, laches, and the existence of pending civil suits to decide title, clarifying that revenue records are not determinative of ownership.
Petition dismissed with no order as to costs.
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.
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WP No.9204/2016
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 9204/2016
Shri Khwajasaheb Sultan Patil
.. Petitioner
(Original Applicant)
Vs.
Shri Mustafa Babasaheb Sharikmasalat & Ors. .. Respondents
(Org. Opponents)
Ms. Anjali Baxi for the petitioner. Mr. A.R. Mitkari, AGP for the Respondent No.1.
CORAM : M.S. SONAK, J.
DATE : SEPTEMBER 6, 2016. P.C. :
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WP No.9204/2016
are not determinative title of the parties to the property in question. There are already Civil suits pending between the parties. In such suits, the issues of title are required to be decided on the basis of evidence both documentary as well as oral. In deciding the issues of title, there is no question of reference orders made by the Revenue Authorities in relation to the entries in revenue records.
( M.S. SONAK, J. )
3 issues framed by the court
Whether a writ petition challenging a revenue order is maintainable when civil suits regarding title are pending.
Whether a writ petition is barred by delay and laches when filed seven years after the impugned order.
Whether entries in survey records are determinative of title in the absence of a Civil Court decree
Shri Khwajasaheb Sultan Patil
Shri Mustafa Babasaheb Sharikmasalat & Ors.
M.S. SONAK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
