Smt. Asha Vinod Gujrathi v. The State Of Maharashtra Throgh The Secretary/Minister And ORS

1 903.2766.17wp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2766 OF 2017 Smt. Asha Vinod Gujrathi .....Petitioner V/s.

The State of Maharashtra through .....Respondents the Secretary/Minister and others Mr. Manish Kelkar i/b Mr. Pralhad Paranjape for the Petitioner Mr. S. L. Babar AGP for the State CORAM :

NITIN W. SAMBRE, J.

DATE :

JULY 16, 2019.

P.C.

Heard.

The submissions of the learned counsel for the petitioner are, the order impugned in this petition in regard to the mutation entry are liable to be quashed and set aside as the predecessor of the petitioners had no intention to transfer the land bearing survey no. 310.

The fact remains that the mutation entries which are

2 903.2766.17wp.doc questioned by the petitioner appears to have been recorded by the Tahsildar against which an order in Appeal at the behest of the petitioner confirmed such entries. Even Sub-Divisional Officer in Appeal so also Additional Collector has recorded findings against the petitioner based on evidence available on record. So as to infer these findings of fact recorded by all the Authorities below, no iota of evidence is brought before this Court so as to prompt this Court to form an opinion that the order is perverse.

Since the petitioner is preferred against concurrent findings, in my opinion, same is liable to be dismissed. As such petition stands dismissed.

Needless to clarify that if the petitioner choses to prefer any civil proceedings, same to be decided without being influenced by the findings recorded herein above.

[NITIN W. SAMBRE, J.]