Gajrabai Datta Dhage v. The State Of Maharashtra And Others

516.2015 WP

IN THE HIGH COURT OF JUDICATURE OF BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 516 OF 2015 Girjabai w/o Datta Dhage ...

Petitioner

Versus

The State of Maharashtra & others ... Respondents .....

Mr. M.V. Ghatge, Advocate for petitioner Mr. V.G. Shelke, A.G.P.for respondent Nos. 1 & 2 Mr. P.G. Godhamgaonkar, Advocate for respondent Nos. 3 & 4 .....

CORAM : RAVINDRA V. GHUGE, J.

DATED : 19th JANUARY , 2015 PER COURT :

1.

I have heard the learned Advocate for the petitioner Shri Ghatge, learned A.G.P. appearing on behalf of respondent Nos. 1 & 2 and Shri Godhamgaonkar, learned Advocate appearing on behalf of respondent Nos. 3 & 4 2.

The issue raised in this petition and the impugned judgment of the Additional Commissioner dated 27-06-2014, pertains to mutation entries.

516.2015 WP 3.

Special Civil Suit No. 18 of 2011 is pending adjudication. It is settled law that revenue entries are merely for fiscal purpose and for taxation. They do not decide the right, title or interest of any party. The Civil proceedings would decide these issues and all revenue entries made in reference to the suit property shall be subject to the decision of the Civil Court. This is the view taken by this Court in the case of Shrikant R. Sankanwar & others Vs. Krishna Balu Naukudkar, reported at 2003, (3) BCR 45. 4.

Ends of justice would be met by directing the litigating parties to maintain status-quo as existing today as regards the possession of the suit property and the revenue/ mutation entries, till the decision in Special Civil Suit No.18 of 2011. Parties to cooperate with the Trial Court.

5.

Writ Petition is disposed off with the above directions. ( RAVINDRA V. GHUGE, J. ) SDM* JANUARY-2015