Amba Bhachu Patel And ANR v. Sub-Divisional Officer, Ukekhol , Mangaon And ORS

DSS 1/2 10-cwp-13571-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13571 OF 2018 Amba Bhachu Patel and anr.

...

Petitioners.

V/s.

Sub-Divisional Officer Ukekhol and ors.

...

Respondents.

Mr. Vyas for the Petitioners.

Mr. A.I.Patel, Addl. G.P. for the Respondent Nos.1,2 and 9 - State. Mr. A.R. Shaikh for Respondent Nos.3 to 5.

CORAM :

R.M. BORDE AND V.L. ACHLIYA, JJ.

DATE :

15th JANUARY 2019.

P.C.:

1] The petitioners are objecting to the orders recording entries in the revenue proceedings by the Authorities in exercise of powers under the Maharashtra Land Revenue Code, 1960. It appears that the revision application tendered by the petitioner to the Additional Commissioner has been dismissed in default by an order dated 17th July 2017. It also appears that the petitioners have filed a suit claiming their entitlement and the said suit is stated to be pending in the Civil Court.

DSS 2/2 10-cwp-13571-18.doc 2] It would be open for the petitioners to prosecute the remedy of the suit which is already availed of. It is well established principle that the revenue entries can be corrected or altered in consonance with the decision of the Civil Court. After decision of the Civil Court in the suit presented by the petitioners, if deemed necessary, it would be open for the petitioners to take steps for alteration of revenue entries.

3] In view of above, Writ Petition is disposed of. (V. L. ACHLIYA, J.) (R.M.BORDE, J.)