Sharad Murlidhar Agarwal And ORS v. Sub Divisional Officer, Thane And ORS

Megha 905_wp_12289_2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12289 OF 2019 Sharad Murlidhar Agarwal and Ors.

...Petitioners

Versus

Sub Divisional OfÏcer and Ors.

...Respondents

.....

Mr. P.S. Dani, Senior Advocate with Mr. Sandesh D. Patil and Prithviraj S. Gole i/b. Ms Anusha P. Amin for the Petitioners. Mr. V.S. Gokhale, 'B' panel counsel for the Respondent Nos.- 1 to 3 -State.

CORAM : A.A. SAYED AND SMT. ANUJA PRABHUDESSAI, JJ.

DATED: 6th DECEMBER, 2019.

P.C.:- The Petitioners have sought the following relief in the Petition:

"b. By an appropriate Writ and/or direction and/or order of this Hon'ble Court, the case bearing RTS Review Petition No.0033/2019 initiated by the Learned Sub Divisional OfÏcer, Thane, in the nature of suo moto review be quashed and set aside."

2.

The Petitioners claim to be the owners of the land in question pursuant to a Sale Deed dated 1/12/2016. The SDO has issued notices to the Petitioners in respect of mutation entry nos.7523 dated 26/04/2018 and 7551 dated 02/06/2018. Megha 1/2

Megha 905_wp_12289_2019.odt 3.

The learned AGP submits that the review is initiated by exercising the power of review under Section 258 of the Maharashtra Land Revenue Code as there is discrepancy in respect of areas mentioned in the revenue record and 7/12 extract.

4.

In the facts and circumstances of the case, we are not inclined to exercise our extra ordinary writ jurisdiction to intercede at this stage. The Petitioners have been granted an opportunity to put forth their stand before the SDO prior to efecting changes in the mutation entries.

5.

Leaving all contentions of the Petitioners open, we dismiss the Petition. We clarify that we have not gone into the merits of the case.

(ANUJA PRABHUDESSAI, J.) (A.A. SAYED, J.) Digitally signed by Megha Parab Date:

2019.12.07 17:08:49 +0530 Megha Parab Megha 2/2