Mr. Kachru Ganpat Walilkar v. The State Of Maharashtra And ORS.

1/2 1 WP 3300-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3300 of 2015 Mr.Kachru Ganpat Walilkar .. Petitioner

Versus

The State of Maharashtra & ors .. Respondents ...

Mr. Amogh Khandeparkar I/b Khandeparkar & Associates for the petitioner.

Mr.Y.S.Khochare, AGP for respondent nos.1 to 3. CORAM: PRADEEP NANDRAJOG, C.J.

AND BHARATI DANGRE, J.

DATED : 16th JANUARY, 2020.

P.C:- It is pleaded in the Writ Petition that since mutation entry No.1742 in favour of Respondent No.4 has been set aside the same requires status quo ante to be restored. Thus, direction be issued to Respondent Nos.2 and 3 to restore entry in the revenue record as it existed under mutation entry 1461 for the reason mutation entry 1742 nullified the mutation entry 1461. While making the prayer, it is pleaded that the mutation entry 1461 comprise old survey 50/4, 80/2 and 80/1. Tilak

2/2 1 WP 3300-15.doc The response filed along with the revenue record shows that mutation entry 1461 related to land comprised in Survey No.245/2 and 249/4 which are the new survey numbers pertaining to old survey Nos.80/2 and 50/4.

Wherefrom in the prayer reversal of recording ownership and possession qua old survey No.80/1, corresponding to new Survey No.245/1 as prayed for is not emerging. Thus, recording that the respondents have as a consequence of setting aside mutation entry 1742 restored the recording as per mutation entry 1461, we dispose of the petition as infructuous, leaving open the question as to the right of the petitioner qua mutation entry relatable to Old Survey No.80/1, corresponding to new Survey No.245/1.

No costs.

SMT. BHARATI DANGRE, J CHIEF JUSTICE Tilak