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Bombay High CourtLPA/97/2015dismissedrule discharged

Pradeep Sukhdeo Ahire v. The Addtional Commissioner Nashik And ORS

2015-07-03Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice P.R. Bora2 pages

{1} lpa st.23344.11.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD LETTERS PATENT APPEAL ST.NO.23344 OF 2011 IN WRIT PETITION NO.9415 OF 2010 Pradeep Shukhdeo Ahire Appellant

Versus

The Additional Commissioner, Nasik Division and others Respondents Mr.Kiran Nagargar advocate for the applicant Mr.S,G. Nandedkar, AGp for Respondent Nos.1 to 4 Mr. Y.B. Pathan advocate for respondent No.5 _______ CORAM : R.M. BORDE & P.R. BORA, JJ Dated : 3rd JULY, 2015.

PER COURT :- The appellant is taking exception to the decision of learned single Judge delivered in Writ Petition No.9415 of 2010 on 27.7.2010.

The subject matter taken up before the learned single Judge for scrutiny, relates to the mutation entry recorded by the revenue authorities and the orders passed by the appellate/revisional Court. It is well established that, the revenue entires are recorded for fiscal purposes and those entries in themselves cannot be construed as evidence of title of a person in relation to the said

{2} lpa st.23344.11.odt property, nor such entry can be construed as confirmation or taking away the title of any person in relation to the property. The entries wrongly recorded by the revenue authorities can be corrected in accordance with determination of rights of the parties, by the competent Civil Courts.

In view of the explanation recorded above, no interference is called for in the decision rendered by the learned single Judge. LPA stands dismissed.

(P.R. BORA, J) (R.M.BORDE, J) vbd