Vijay Sakharam Tawaskar v. The State Of Maharashtra Through Secretary And Others

2025:BHC-AUG:36624 1 911 WP 5874-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 911 WRIT PETITION NO. 5874 OF 2022 VIJAY SAKHARAM TAWASKAR

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...

Mr. Devdatt P. Palodkar - Advocate for Petitioner Mr. V.S. Badakh - AGP for Respondent Nos.1 to 6, State Mr. Avishkar S. Shelke - Advocate for Respondent No.7 ...

CORAM

: SIDDHESHWAR S. THOMBRE, J.

DATE :

18.12.2025 PER COURT :

1.

Heard learned Counsel for the respective parties. 2.

By way of this petition, the petitioner challenges the order dated 27.01.2022 passed by respondent No.2, the learned Minister for State Department of Revenue, whereby the learned Minister allowed the revision filed by respondent No.7.

3.

The issue which was raised before the revenue authorities was pursuant to a registered sale-deed and on the basis of which a mutation entry was sought to be sanctioned after a period of sixteen (16) years, 4.

The same was objected to and the learned Tahsildar, Sub - Divisional Officer, Additional Collector and the Divisional Commissioner

2 911 WP 5874-2022.odt refused to record the name of respondent No.7. In fact, pursuant to the order passed by the Hon'ble Minister, it was directed that, as per the saledeed, the name of respondent No.7 be recorded. 5.

Having gone through the order passed by the learned Minister, respondent No.2, it is evident that as per Section 149 read with Section 150 of the Maharashtra Land Revenue Code, once there is a registered document, the revenue authorities are required to record the same. Therefore, in view of Section 149 read with Section 150 of the Code, I do not find any reason to interfere with the order passed by the learned Minister.

6.

Needless to mention that the petitioner is at liberty to institute appropriate proceedings available under law. If the petitioner institutes civil proceedings, the same shall be decided by the concerned Court on its own merits and in accordance with law, without being influenced by the orders passed by the revenue authorities.

7.

In view thereof, the Writ Petition is disposed of. [ SIDDHESHWAR S. THOMBRE ] JUDGE Pooja Kale/