Yellappa Peerappa Sonawane v. State Of Maharashtra

2024:BHC-AS:29664-DB Diksha Rane 901. WP 6639-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6639/2023 YELLAPPA PEERAPPA SONAWANE & ORS ..PETITIONERS VS.

STATE OF MAHARASHTRA & ORS ..RESPONDENTS ------------ Adv. Prasad P. Kulkarni for petitioners.

Mr. N. C. Walimbe, Addl. G.P. a/w. Mr. S. P. Kadam, AGP for respondent nos. 1 to 6 - State.

------------ CORAM :

A.S. CHANDURKAR & RAJESH S. PATIL, JJ DATE :

26th JULY 2024.

P.C. :

1.

Rule. Rule made returnable forthwith. Learned Assistant Government Pleader waives notice for the respondents. 2.

The petitioners having succeeded before the Tahsildar in proceedings initiated for recording their names in the revenue records pursuant to the order dated 5th August 2013 sought implementation of that order. The Circle Officer by his communication dated 15th March 2023 informed the Tahsildar that though it was necessary to record the names of the petitioners in the possession column of the 7/12 extract, the same was not possible on the ground that in the updated version of the extract there was no specific column in that regard. Since mutation of the names of the

Diksha Rane 901. WP 6639-23.doc petitioners has not been undertaken, they have approached this Court.

3.

On perusal of the documents on record, it is clear that by the order dated 5th August 2013 the Tahsildar had directed the names of the petitioners to be included in the 7/12 extract and especially in Column No.15. It appears from the communication dated 15th March 2023 that while undertaking computerisation of the revenue records, the particular column indicating possession is not displayed. It would, therefore, be necessary for the respondent nos.2 to 6 to take appropriate steps to ensure that the order dated 5th August 2013 passed by the Tahsildar is duly implemented and the mutation entry accordingly is entered.

4.

Accordingly, it is directed that respondent nos.2 to 6 shall take appropriate steps to ensure that the order dated 5th August 2013 passed by the Tahsildar is duly implemented if there is no other impediment. The same be done within a period of eight weeks from today.

5.

Rule is disposed of in aforesaid terms with no order as to costs. [ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ]