Safia Bee Shaikh Kadar v. The State Of Maharashtra And Others

1 W.P. No. 1510/2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD 31.

WRIT PETITION NO. 1510 OF 2018 Safia Bee W/o Shaikh Kadar

...Petitioner

VERSUS

The State of Maharashtra and others

...Respondents

Mr. S.S. Thombre, Advocate for petitioner Mr. A.S. Shinde, Asstt. Govt. Pleader for respondents No.1 to 4 Mr. S.K. Adkine, Advocate for respondent No.5 C ORAM : ROHIT B. DEO , J.

DATE : 11th February, 2020 PER COURT :

1.

The dispute is as regards mutation entries 1810 and 1811 pertaining to land Gat 312 situated at village Asola Taluka and District Parbhani.

2.

The petitioner is claiming ownership on the basis of registered sale deed dated 15th May 1992 and 27th April 1992 executed by Shri Madhavrao Babarao Bharose, who, in turn, claimed to have purchased the land from Nanasaheb Jadhav on 25th November 1991.

3.

Respondent 5 is claiming to have purchased the same

2 W.P. No. 1510/2018 land from Smt. Laxmibai Rangnath Kale, vide registered sale deed dated 20th November 1991. Respondent 5 contends that her predecessor-in-title Laxmibai was sold the land by Shri Nanasaheb Jadhav, vide registered sale deed 15th June 1990. 4.

It is admitted by the parties that the title dispute is sub judice in Regular Civil Suit 2 of 2017 pending before the Civil Court at Parbhani.

5.

In this view of the matter, I am not inclined to interfere with the orders impugned in writ jurisdiction. 6.

It is obvious that the mutation entries shall be subject and subservient to adjudication in the civil proceedings. 7.

In view of the provisions of Section 150 of the Maharashtra Land Revenue Code 1966, the mutation entries 1810 and 1811 be recorded in the Disputed Entries Register. 8.

The petition is disposed of.

( ROHIT B. DEO ) JUDGE Madkar