Sangmeshwar Ishwar Mustapure And Others v. The State Of Maharashtra Through The Secretary And Others

2024:BHC-AUG:23871-DB 10609.24wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 35 WRIT PETITION NO. 10609 OF 2024 SANGMESHWAR ISHWAR MUSTAPURE AND OTHERS

VERSUS

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

Mr K. P. Rodge, Advocate for Petitioners Mr V. M. Kagne, A.G.P. for Respondent Nos.1 & 2 CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 30th September, 2024 PER COURT:

1.

This matter was heard for sometime. We showed our disinclination. The learned Advocate for the Petitioners submits on instructions that the Petitioner would challenge the mutation entries in favour of the Grampanchayat, before the appropriate Authority, which is empowered by law, to deal with such challenge.

2.

We have already dealt with a similar request of deciding the representation against a mutation entry by the same Authority, who has carried out the mutation entry, as if it is a

10609.24wp (2) review application. Vide our judgment dated 16/01/2024, delivered in Writ Petition No.591/2024 [(Dhananjay Deoram Jadhav Vs. State of Maharashtra and others), 2024 (3) Mh.L.J. 461], we have concluded that, the law does not invest the said Authority with the power to review it's order of carrying out mutation entries.

3.

With the liberty, as above, this Writ Petition is disposed off. All contentions of the litigating parties are kept open.

(Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk