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Bombay High CourtWP/11532/2016disposed off

Shri. Ilahi Gulab Shaikh And ORS. v. The Tahsildar And ORS.

2016-12-20Hon'Ble Shri Justice V.M. Kanade,Hon'Ble Ms. Justice Nutan D. Sardessai3 pages

1/3 BDP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION No. 11532 OF 2016 Shri Illahi Gulab Shaikh and Ors.

....Petitioners Vs.

The Tahsildar, Tal. Hatkanangale and Ors.

....Respondents ****** Mr. Akshay Prakash Shinde for the Petitioners Mr. Vishal Thadani -AGP for the State ****** CORAM : V. M. KANADE & Ms. NUTAN D. SARDESSAI, JJ.

DATE : DECEMBER 20, 2016 P.C. :

1.

The Petitioners by this petition, which is filed under Article 226 of the Constitution of India, seek the following reliefs: "(a) To issue Rule;

(b) To quash and set aside the impugned communication dated 01/01/2016 (Exh.-A) issued by the first Respondent entirely with costs;

(c) To direct the first and second Respondents to carry out mutations and issue 7/12 extracts by adopting manual process unless the online 7/12 extracts are certified by the first and second Respondent to be 100% error free;

2/3 (d) To issue necessary and appropriate directions to the Respondent Nos.1, 2 and 3 to enter the name of the Petitioners in the 7/12 extract of the property subject matter of the respective sale deeds forthwith;

(e) Pending the hearing and final disposal of the present Petition to stay the effect, operation and/or implementation of the impugned communication dated 01/01/2016 (Exh. A) issued by the first Respondent;

(f) Pending the hearing and final disposal of the present Petition to issue necessary and appropriate directions to the Respondent Nos.1, 2 and 3 to enter the name of the Petitioner in the 7/12 extract of the property subject matter of the respective sale deeds forthwith;

(g) to grant interim/ad-interim relief in terms of prayer clause (e) & (f) above be granted;

(h) to pass such other orders and to grant reliefs in favour of the Petitioners as this Hon'ble Court may deem just, legal and proper."

2.

In our view, this Court while exercising its writ jurisdiction cannot give direction to the Revenue Authorities whether they should enter the name of any person or delete the same. The

3/3 Petitioners have an alternative remedy and, therefore, reserving their rights to exhaust the alternative remedy which is available to them, Writ petition is disposed of.

Ms. NUTAN D. SARDESSAI, J.

V.M. KANADE, J.