Basantibai Wd/O Ratilal Sugandhi v. Additional Commissioner, Amravati Division, Amravati And Others

4wp3198-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No.3198 of 2022 Basantibai Wd/O Ratilal Sugandhi Vs Additional Commissioner, Amravati Division, Amravati And Others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri A.M. Tirukh, Advocate for the Petitioner/s Shri Dubey, AGP for the Respondent Nos.1 to 4/State Shri A.S. Mehadia, Advocate for the respondent No.6 CORAM : ANIL S. KILOR, J.

DATED : 28.06.2023 1.

Heard.

2.

The present matter is arising out of the mutation entry recorded in the name of the respondent No.6 on the basis of a will executed by late Ratilal Sugandhi. The petitioner is the objector to the said mutation entry. The petitioner before this petition filed two appeals and a revision which went against the petitioner.

3.

In the present writ petition, the order passed by the Additional Commissioner, Amravati in revision application, rejecting the revision application vide order dated 15.12.2021, is under challenge.

4.

Admittedly, the Will on the basis of which the mutation entry was recorded in the name of the respondent No.6, is the subject matter of challenge in the suit filed by the petitioner nd.thawre

4wp3198-2022.odt namely, Regular Civil Suit No.18/2021 for declaration and injunction. In the said suit, the petitioner has sought declaration to the effect that the Will executed by late Ratilal, is bogus. 5.

Admittedly, Sub Divisional Officer, Balapur, Additional Collector, Akola, Additional Commissioner, Amravati, have held against the petitioner in this matter.

6.

It is a settled law that a mutation entry does not create any title in favour of any of the parties, but the purpose of such mutation entry is a fiscal purposes.

7.

In the circumstances, having regard to the fact that the Will is under challenge and there is no declaration by the Civil Court that the Will is bogus, I do not find any merit in the present writ petition. Accordingly, the Writ petition is dismissed. [ANIL S. KILOR, J.] nd.thawre