In a writ petition challenging an order directed enquiry into heirship, the court clarified that the title dispute remains sub judice in a pending civil appeal.
Writ petition disposed of with clarification that heirship enquiry will not affect petitioner's rights.
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.
14-WP-4260.21.docx
Gayatri
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4260 OF 2021
Taibai Gamjya Bhoudhari … Petitioner
Vs.
State of Maharashtra Thr. Minister Revenue And Forest Dept. and Ors. ...Respondents
Mr. Balwant V. Salunkhe, Advocate for Petitioner. Mrs. M. P. Thakur, AGP for the State.
CORAM : GAURI GODSE, J.
DATE : 5th FEBRUARY 2024
P.C.
passed by the learned Revenue Minister in Revision Application filed by respondent nos. 7 to 18. By the said order the judgment and order dated 24th June 2019 passed by the Additional Commissioner has
been set aside and directions are issued to make inquiry regarding the
heirship of the said respondents and accordingly Tahsildar is directed
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to take appropriate steps. The said respondents had preferred Revision before the learned Minister for challenging the order passed by Additional Commissioner by which their Revision Application for challenging order dated 17th February 2018 passed by the Additional Collector was dismissed. Additional Collector had allowed two separate appeals filed by petitioner and respondent no. 19 for challenging Sub-Divisional Officer’s (‘SDO’) order. Learned SDO had decided RTS Appeal No. 143 of 2013 filed by the aforesaid respondents for challenging Mutation Entry No. 665 in the name of the present petitioner. By the said order, SDO had cancelled Mutation Entry 665 .
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present petition.
had filed Special Civil Suit No. 292 of 1998 for partition and separate possession claiming 1/4th share in the suit property. He submits that in the said suit, Mutation Entry No. 665 was also challenged. He further submits that respondent nos. 8 to 18 were parties to the said suit and are claiming their rights in the suit property. He submits that the said suit is dismissed on 29th August 2011. He further submits that the respondent no. 7 has preferred an appeal being Civil Appeal No. 16 of 2012 which is pending before the District Court, Kalyan.
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far as the claim of partition and separate possession is concerned the suit filed by respondent no. 7 is dismissed, however, the appeal is still pending. Hence the claim of the said respondents with respect to the suit property is still subjudiced.
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Digitally signed GAYATRI by GAYATRIRAJENDRA RAJENDRA SHIMPI SHIMPI Date:2024.02.01 12:38:21 +0530
[GAURI GODSE, J.]
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2 issues framed by the court
Whether the High Court should interfere with the order directing enquiry into heirship which does not affect the petitioner's mutation entry.
Whether the title dispute adjudicated by a pending civil suit precludes the writ court from deciding the mutation matter.
Taibai Gamjya Bhoudhari
State of Maharashtra
Minister Revenue
Forest Dept.
GAURI GODSE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
