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Bombay High CourtWP/5212/2017disposed off

Mr. Mahesh Shamji Vaviya (Patel) And ORS. v. The Collector, Pune

2017-04-18Hon'Ble Shri Justice A. K. Menon,Hon'Ble Shri Justice A.S. Oka2 pages

p512-wpst-18560-2016 rrpillai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (ST)NO. 18560 OF 2016 Mahesh Shamji Vaviya (Patel) & Ors.

... Petitioners Vs.

The Collector, Pune ... Respondents ..........

Mr. Yuvraj P. Narvankar for the Petitioner.

Ms. Aparna Vhatkar, AGP for Respondent no. 1 ..........

CORAM : A.S. OKA & A.K. MENON, JJ.

DATE : 18th APRIL, 2017 P.C.

Not on board. Taken on board.

1.

Heard learned Counsel appearing for the petitioners and the learned AGP for the respondent. The grievance of the petitioners is that notwithstanding the acquisition of certain property by way of sale deeds, their names are not been entered in the Revenue Records. 2.

Reliance is placed on an application made to the Additional Collector, Pune on the basis of the Sale Deeds which are mentioned in the said application.

3.

The petitioners are seeking a direction against the Additional Collector, Pune to dispose of the application dated 1st February, 2016 by

p512-wpst-18560-2016 mutating the names of the purchasers in the Sale Deeds in the Revenue Records.

4.

If any person is claiming acquisition of rights in respect of a property by virtue of purchase, he has to submit an intimation of acquisition to village Talathi under Section 149 of the Maharashtra Land Revenue Code, 1966. Thereafter, the Talathi has to take action as contemplated by sub section (1) of Section 150. Therefore, the relief as claimed in this petition cannot be granted. 5.

Hence, the petition is disposed of. However, it will be open for the persons claiming acquisition of rights in respect of the subject property on the basis of Sale Deeds mentioned in the letter dated 1st February, 2016 to submit a report in writing as regards alleged acquisition to the Talathi in accordance with Section 149 of the said Code. If such report is submitted in writing, the Talathi shall take appropriate action in accordance with the provisions of the said Code. (A.K. MENON, J) (A.S. OKA, J)