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Bombay High CourtWP/9434/2017disposed offdismissed for default

Nana Gopala Khamkar And Another v. The State Of Maharashtra And Others

2019-08-16Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.9434 OF 2017 NANA GOPALA KHAMKAR AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS WITH CIVIL APPLICATION NO.1700 OF 2019 ABHAY ARJUN DATRANGE AND ANOTHER

VERSUS

NANA GOPALA KHAMKAR AND OTHERS Mr.D.J.Patil h/f Mr.N.B.Suryawanshi, Advocate for the petitioners. Mr.N.T.Bhagat, AGP for respondent Nos. 1 to 4. Mr.A.K.Gawali, Advocate for respondent Nos. 5 to 7. ( CORAM : Ravindra V.Ghuge, J.) DATE : 16/08/2019 PER COURT :

1.

An issue with regard to the mutation entry is raised in this proceeding. The Hon'ble Apex Court has delivered a judgment in the matter of Gurudassing Nawoosing Panjwani Vs. State of Maharashtra [2015 (6) Mh.L.J. 915], concluding that a statutory remedy of filing a second revision before the State is available to the aggrieved party. 2.

The learned Advocate for the petitioners submits that in so far as his suit bearing RCS No.432/2000 seeking injunction is concerned, it has already been decreed by judgment dated 11/07/2003. khs/AUGUST 2019/9434

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The learned Advocate for the respondents submits that they have also filed RCS No.1485/2019 seeking partition and declaration of ownership pursuant to a piece of land having been purchased by them from the present petitioner.

4.

This Court has delivered a judgment in the matter of Shrikant R. Sankanwar and others Vs. Krishna Balu Naukudkar [2003 (3) BCR 45 = 2003 (2) Mh.L.J. 276], concluding that mutation entries are meant purely for taxation purposes and the title or ownership of a litigant is not crystallized by virtue of mutation entries. Such a right of ownership can be crystallized only by the Civil Court and the decision of the Civil Court would bind the Revenue Authorities while taking mutation entries.

5.

In view of the above, this petition as well as the civil application is disposed off. The grievances of the litigating sides would be subject to the result of RCS No.1485/2019 and the revenue authorities would be bound to comply with the directions of the Civil Court while recording the mutation entries.

( Ravindra V.Ghuge, J.) khs/AUGUST 2019/9434