Subhash Manikrao Joshi v. The State Of Maharashtra Through Its Secretary And Others

WP No.8556/2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 66 WRIT PETITION NO.8556 OF 2022 SUBHASH MANIKRAO JOSHI

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for Petitioner : Mr. V.V. Bhavthankar AGP for Respondents/State : Mr. S.K. Tambe ...

CORAM : RAVINDRA V. GHUGE & ARUN R. PEDNEKER, JJ.

DATED : AUGUST 23, 2022.

PER COURT :

1.

The petitioner has put forth prayer clause 'A' as under :- A) A writ of mandamus or any other appropriate writ or order of like nature may kindly be issued against resp nos 2 Collector Nanded directing him to get done the work of recording mutation entry in the name of legal heirs of deceased Tanhyabai Manikrao Joshi in revenue record of agricultural lands sy no 19 and sy no 20/1 situated at Balapur Tq Dharmabad dist Nanded on the basis of heirship within stipulated time from the resp nos 4 and resp no 5 forthwith.

2.

The learned AGP has pointed out to us, a circular dated 13.2.2015, by which certain committees have been formed in order to avoid litigation and to enable a quick response to the grievances of the agriculturists, in relation to carrying out mutation entries. The petitioner's case would fall before the Sub Divisional Officer's (SDO) committee at Dharmabad. The procedure is that, a person has to apply to the SDO. Then the SDO forms a committee, which then decides the application. If an application is favourably considered, the mutation entry is carried out.

WP No.8556/2022 4.

The learned counsel for the petitioner points out the application filed by him on 10.2.2022, addressed to the SDO, Dharmabad. The inward stamp number, of having received it on 10.2.2022, is visible. The petitioner, who is an agriculturist and also a practicing advocate and notary, once again addressed the Talathi Sajja Balapur, by communication dated 25.2.2022. The Circle Officer, Dharmabad, informed the petitioner that the public notice with regard to the heirship record book, has been published and the proceedings would be taken forward to a logical end. 5.

The petitioner has then addressed the District Collector vide communication dated 11.7.2022, reiterating his request for issuance of a 7/12 extract.

6.

In view of the above, since the petitioner has already approached the SDO and the proceedings would be taken forward pursuant to his application dated 10.2.2022, this petition is disposed off.

7.

The competent authority shall arrive at a decision with regard to the request of the petitioner, on or before 30th September, 2022. 8.

The petitioner, thereafter, would be at liberty to seek copies of the mutation entries/ 7/12 extracts on payment of requisite fees by following the due procedure.

[ARUN R. PEDNEKER J.] [RAVINDRA V. GHUGE, J.] SSC/