M/S. Opal Builders Private Ltd. Through Its Director Mr. Monin Zulfikar v. The Collector , Thane

1.WPNo.67572021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6757 OF 2021 M/s. Opal Builders Pvt. Ltd.

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Petitioner

Versus

The Collector, Thane & Ors.

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Respondents Adv. Sharmila Deshmukh, Advocate for the Petitioner. Mr. A. I. Patel, AGP for the Respondents/State.

CORAM:

S.V. GANGAPURWALA & VINAY JOSHI, JJ.

DATED :

APRIL 6, 2022 P.C.

1.

The learned Counsel for the petitioner submits that the petitioner have purchased the property by the registered instrument in the year 2014. Application has been given to mutate the name of the petitioner to the Talathi. However, the application is not being attended to. The learned Advocate for the petitioner submits that the Revenue Authority are bound to mutate the name of the purchaser under the registered instrument. The learned Advocate relied on Section 149 of the Maharashtra Land Revenue Code read with Maharashtra Land Revenue Record of Rights and Registers (Preparation and Maintenance) Rules, 1971.

2.

We have heard the learned AGP for the respondents. In case, the application of petitioner for mutating its name Gaikwad RD 1/2

1.WPNo.67572021.doc on the basis of registered instrument is pending with the Authority, the concerned Authority shall decide the said application and take decision with regard to mutating the name on its own merits preferably within four months. 3.

Writ petition is disposed of. No costs.

(VINAY JOSHI, J.) (S.V. GANGAPURWALA, J.) Digitally signed by RAJU DATTATRAYA GAIKWAD Date:

2022.04.08 11:14:54 +0530 RAJU DATTATRAYA GAIKWAD Gaikwad RD 2/2