Nana Mahadu Dhone And ORS. v. The State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7790 OF 2015 Nana M. Dhone and ors.

.. Petitioners vs.

State of Maharashtra & ors.

.. Respondents Mr. Ashish Gatagat i/b Mr. Kushal Mor for the Petitioners. Mr. A.R. Metkari, AGP for Respondent Nos.1 and 2. CORAM :

M. S. SONAK, J.

DATE : 05 OCTOBER 2015.

P.C. :- 1] There is no necessity to entertain the present petition. The order impugned in this petition is dated 26 February 2014 has been made by the Respondent No.2 under the provisions of Maharashtra Land Revenue Code, 1966 (said Code) and the same relates to entries in the revenue records.

2] It is well settled that mere entries in the revenue records are not determinative of the rights and title of the parties to the suit property. In fact, the Petitioners have already instituted a Civil Suit in relation to their claim to substantive right and title to the suit property. The same will no doubt be decided by the Civil Court uninfluenced by any observations made by the Revenue Authorities either in the impugned order or the factum of non-entertainment of the present petition.

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3] With the aforesaid observations, therefore, the present petition is disposed of. It is made clear that this Court has not examined the merits of the matter and therefore all contentions of all parties are kept open for the decision by the Civil Court. (M. S. SONAK, J.) dinesh 2/3

CERTIFICATE "Certified to be true and correct copy of original signed Judgment/Order."

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