The court dismissed the writ petition challenging a mutation entry in revenue records, holding that statutory and civil remedies exist for title disputes, rendering the writ unnecessary.
Writ petition disposed of; remedies of the petitioners kept open.
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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1/1 6645.15-wp.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE
WRIT PETITION NO. 6645 OF 2015
Madhukar s/o Khandu Dolas. … Petitioner. V/s.
Union of India and others. … Respondents.
Mr.Amey Deshpande i/b. Mr.Pradip V. Tapse for the petitioner. Mr.Sachin Kadam for respondent No.1. Mrs.R.A.Salunkhe, AGP for respondent Nos.2 to 9.
CORAM : A.S.OKA & SANDEEP K. SHINDE, JJ. DATE : 7th December 2018.
P.C.:
Heard the learned counsel appearing for the petitioners. The challenge in the petition is to the mutation entry made in the revenue records. Apart from the fact that statutory remedy is available to the petitioners to challenge the said entry, the petitioners can always file a civil suit and establish his title. Hence, no case is made out to entertain this writ petition under Article 226 of the Constitution of India. The petition is accordingly disposed of. The remedies of the petitioners are kept open.
(SANDEEP K. SHINDE, J.) (A.S.OKA, J.)
1 issue framed by the court
Whether a writ petition under Article 226 is maintainable to challenge a mutation entry in revenue records when statutory and civil remedies are available.
1 provisions across 1 enactments
Madhukar s/o Khandu Dolas
Union of India
A.S. Oka
Sandeep K. Shinde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
