Anil S/O Rajaram Gavai v. The State Of Maharashtra, Thr. The Additional Commissioner, Amravati Division, Amravati And Others

wp5365.23.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.5365 OF 2023 (Anil s/o Rajaram Gavai Vs. The State of Maharashtra thr. the Additional Commissioner, Amravati Division, Amravati and others) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Mr. D. B. Walthare, Advocate for Petitioner.

Mr. N. R. Patil, AGP for Respondent Nos.1 to 4/State. CORAM: ANIL S KILOR , J.

DATE: 7 th SEPTEMBER, .

The present matter pertains to challenge to the mutation entry carried out in the name of Rajendra Ganeshrao Gavai, on the basis of a sale-deed dated 02.03.20216.

2.

The challenge to the said mutation entry is raised on the ground that, the sale-deed was executed out of a money lending transaction and therefore it is sham and bogus.

3.

However, it is an admitted fact that no proceedings have been filed till date for such declaration and in the absence of any declaration by any Competent Court, I do not find any error committed by the Revenue Authority in recording the mutation entry on the basis of said sale-deed.

wp5365.23.O.odt 4.

Moreover, if any proceeding is filed challenging the said sale-deed and in that the petitioner succeeds it is always open for the Revenue Authority to correct the entries as per the decision/decree in such matter.

5.

In the circumstances, I do not find any merit in the present writ petition, the writ petition is dismissed. (ANIL S. KILOR, J.) NSN