Baban Chiman Tajane v. The Apar Tahsildar Pimpri Chinchwad And ORS

20. civil wp 146-22.doc R.M. AMBERKAR (Private Secretary)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.

OF 2022 Baban Chiman Tajane .. Petitioner

Versus

The Apar Tahsildar Pimpri Chinchwad & Ors.

.. Respondents ....................

 Mr. S. V. Sadavarte for the Petitioner  Ms. S. D. Vyas, 'B' Panel Counsel for the State  Mr. Ravi Kadam for the Respondent No.5 ...................

CORAM

: S.J. KATHAWALLA & MILIND N. JADHAV, JJ.

DATE : JANUARY 31, 2022 (Through Video Conferencing) P.C.:

.

Respondent No. 5 has made an application before the Tahsildar, Pimpri Chinchwad for change of mutation entry. The said Application is made under Section 155 of the Maharashtra Land Revenue Code, 1966 (MLRC) which pertains to correction of clerical errors. However the Tahsildar, despite the Respondent No.5 having invoked an incorrect provision of law, issued notice dated 17.11.2021 to the Petitioner which is impugned by the Petitioner herein.

2.

The Tahsildar ought not to have issued a notice in view of the Application being made before him by Respondent No. 5 under Section 155 of the MLRC for change in mutation entry. In view thereof, the impugned

20. civil wp 146-22.doc notice dated 17.11.2021 is set aside. Respondent No. 5 to take steps to redress his grievance under the relevant provisions of law. 3.

The above Writ Petition is accordingly disposed of. 4.

All contentions of the parties are kept open. [ MILIND N. JADHAV, J. ] [S.J. KATHAWALLA, J.] by KANCHAN PRASHANT DHURI Date:

2022.02.14 17:47:23 +0530 KANCHAN PRASHANT DHURI