Shantaram Daulat Mosamkar And ORS. v. The State Government Of Maharashtra And ORS.

DSS 7-wp-2459-07

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2459 OF 2007 Shri Shantaram D. Mosamkar & ors.

.. Petitioners vs.

The State Government of Maharashtra & ors.

.. Respondents Mr. S.V. Sadavarte for the Petitioner.

Ms Vaishali Nimbalkar, AGP for Respondent Nos.1 and 3. Mr. K.Y. Mandlik for Respondent No.4.

CORAM : M. S. SONAK, J.

DATE : 17 FEBRUARY, 2015.

P.C. :- 1] This petition is directed against the order dated 30 May 2006 made by the Additional Commissioner, Konkan Division allowing the respondents Revision Petition under Section 257 of the Maharashtra Land Revenue Code, 1966 and setting aside the Additional Collector dated 28 December 2004, which was in the petitioners favour.

2] Perusal of the impugned order would indicate that the proceedings basically relate to entries in revenue records. It is well settled that mere entries in revenue record are by no means determinative of title of the parties. Accordingly, it is not necessary to entertain the present petition or to grant any relief therein. 1/2

DSS 7-wp-2459-07 3] The petitioners are always at liberty to institute the appropriate substantive proceedings before the competent forum. If such proceedings are instituted, then the competent authority shall decide the same in accordance with law un-influenced, either by the impugned order or disposal of the present petition. 4] With the aforesaid observations, the present petition is disposed of.

5] It is clarified that this Court has not expressed any opinion on the merits of the matter and all issues in this regard are kept open for the decision by the competent authority.

(M. S. SONAK, J.) dinesh 2/2