Bharat Harkisan Lohar v. Shri Yogesh Kamlakar Kulkarni And ORS

(30)-WP-11439-16.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11439 OF 2016 Bhrat Harkisan Lohar ..Petitioner

Versus

Shri. Yogesh Kamlakar Kulkarni and others ..Respondents Mr. R. R. Lanjekar for the Petitioner.

CORAM : R. M. SAVANT, J.

DATE : 20th MARCH, 2017 P.C.

The proceedings culminating in the impugned order dated 19.09.2015 passed by the Secretary and Officer on Special Duty (Appeals and Revisions), Revenue and Forest Department, Government of Maharashtra, arise out of the mutation entry No.3193 which was effected in favour of the Petitioner. The said mutation entry has been set aside ultimately by the impugned order passed by the Secretary and Officer on Special Duty (Appeals and Revisions), Revenue and Forest Department. The Petitioner claims to have a right over the land in question by virtue of a conveyance executed in his favour on 21.09.1986. If that be so, it is for the Petitioner to adopt appropriate civil proceedings to assert his rights as it is well settled that mutation entries are made only for fiscal purposes and the rights of the parties can only be settled by the competent Civil BGP.

(30)-WP-11439-16.doc.

Court. If any such Civil proceedings are filed by the Petitioner, needless to state that the same would be tried on their own merits and in accordance with law uninfluenced by the mutation entries. With the aforesaid directions, the Writ Petition is disposed of. [R.M.SAVANT, J] BGP.