Shivanand Kandappa Chinugunde v. The Settlement Commissioner And Director Of Land Records, Pune Region, Pune And ORS.
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10204 OF 2015 Shivanand Dkandappa Chinugunde
...Petitioner
Versus
The Settlement Commissioner & Director of Land Records, Pune Region, Pune & Ors.
...Respondents
Mr. I.M. Khairdi, for the Petitioner.
Mr. N.P. Deshpande, AGP, for the Respondent-State. Mr. Gunratan Sadavarte, for the intervenor.
CORAM:
A. S. OKA & G.S. PATEL, JJ.
DATED:
8th December 2015 PC:- 1.
Heard the learned counsel appearing for the Petitioner and the learned AGP appearing for the State. We have heard the learned counsel appearing for Association of Talathis. Today an Affidavit has been tendered by Mr. Sambhaji Patingrao KaduPatil, Settlement Commissioner and Director of Land Records, which is affirmed on 4th December 2015. Paragraphs 1 to 5 of the said Affidavit read thus:
"1.
I say that as per the assurance given by the State Government to this Honorable Court on 30.11.2015, the office of the Settlement Commissioner and Director of
Land Records, has issued directives to all the District Collectors, vide the letter dated 3rd December 2015, regarding the precautions to be taken for issuance of correct online 712 extracts which are in consonance with the manual records.
2.
As per the directives, the responsibility to prepare online correct revenue record is that of the Tahasildar who would be assisted by the Talathis. The Talathi is to verify that the online 7/12 record is strictly as per the original manual record. He must tally every page of the existing online Record of rights (V.F. VII-XII) with the original manual record. The Collectors are directed to make all the manual record available to the concerned Talathi. The said record is to be verified as per clause No. 4 of the Circular dated March 15, 2013.
3.
After the existing online Record of rights (V.F. VII-XII) has been found to be 100 percent error free, it shall be published on village Chawadi and all interested persons shall by public notice be called upon to verify their names and other details and submit corrections, if any. The Talathi shall cause all the requisite changes to be made.
4.
Finally, the Tahasildar of each Tahasil shall certify that the online Record of rights (V.F. VII-XII) is error free and a copy of such a certificate shall be forwarded to the office of the Settlement Commissioner through the Collector. The Collectors are to fix a time-bound programme and follow-up the process of verifying the online Record of rights (V.F. VII-XII) with the help of the Sub Divisional Officers.
5.
During the period of this process of verification, the 7/12 extract issued by the Talathi shall be verified with the original record and duly certified."
2.
The statements made in the Affidavit are based on a circular issued by the same Officer to the District Collectors. Apart from what is stated in paragraph 5 of the Affidavit, it is stated in Clause II of the said Circular that till the process of verification of the uploaded data is completed, before issuing certified copies of the 7/12 extracts prepared on the basis of computerised record, the village Talathi will verify the same from the original record and satisfy himself that the certified copy contains the correct data. 3.
Today, the learned counsel appearing for the Petitioner has tendered an additional Affidavit pointing out the instances of certified copies of the Revenue record issued which contains erroneous entries. In view of what is stated in the Circular dated 3rd December 2015 and the aforesaid statements made by Mr. Sambhaji KaduPatil, the grievances made in the Petition have been taken care of.
4.
The suggestion of the learned counsel appearing for the Association of Talathis is that a longer time may be granted to the Talathis to complete the verification process as stated in Clause 2 of the Affidavit. According to the Talathis, if the time prescribed is insufficient, it is for them to make a representation to the appropriate Authorities. By accepting the statements made in the Affidavit of Mr. Sambhaji KaduPatil as well as in the Circular dated 3rd December 2015 (Exhibit "I" to the said Affidavit), we dispose of this Petition.
5.
We make it clear that in those cases where certified copies containing incorrect data/entries have been issued, all individuals
are free to approach the concerned Authorities for correction of the certified copies.
(G. S. PATEL, J.) (A. S. OKA, J.)