Namdev Digambar Sable v. Deputy Director Land Record, Pune And ORS

k 1/2 8 wp 7688.24 as.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7688 OF 2024 Namdev Digambar Sable ....Petitioner V/S Deputy Director Land Record, Pune & Ors.

....Respondents _________ Mr. Sandeep S. Salunkhe for the Petitioner.

Ms. M.S. Bane, AGP for Respondent Nos.1 to 3/State. Mr. Rejas Deshmukh with Ms. Kshema Mahuli for Respondent No.4A to 6.

__________ CORAM: SANDEEP V. MARNE, J.

DATE : 16 APRIL 2025.

P.C.:

1.

The Petition challenges order dated 13 June 2023 passed by the Deputy Director of Land Records, Pune, partly allowing the Appeal preferred by the contesting Respondents and setting aside the order dated 29 November 2024 passed by the District Superintendent of Land Records.

2.

The District Superintendent of Land Records had dismissed the Appeal preferred by the contesting Respondents filed under provisions of Section 247 of the Maharashtra Land Revenue Code seeking deletion of additional area of land mutated in the name of Petitioner and to add the same against the name of contesting Respondents. The Appeal came to be katkam Page No.

1 of

k 2/2 8 wp 7688.24 as.doc dismissed by District Superintendent of Land Records essentially on the ground that the same was filed after delay of 54 long years.

3.

However it appears that Petitioners have instituted Regular Civil Suit No.1387 of 2014 inter alia seeking declaration of ownership in respect of the suit property, which covers the portion of land for which the appeal was preferred by the contesting Respondents before the District Superintendent of Land Records. All that is directed by the Deputy Director of Land Records is to take action in accordance with decree that would be passed in Regular Civil Suit No.1387 of 2014. In the event the said suit is decreed, there would be no necessity of making any correction in the revenue records. If on the other hand, the Civil Court dismisses the suit by refusing to recognize ownership of the Petitioners in respect of disputed portion of land, necessary revenue entries can be corrected in that regard.

It is well settled principle law that revenue entries made for fiscal purposes are always subject to a decree passed by the Civil Court. The order passed by the Deputy Director of Land Records merely ensures that revenue records are aligned in line with a decree that would be passed by the Civil Court. In that view of the matter, no interference is warranted in the impugned order, Writ Petition is accordingly rejected.

by SUDARSHAN RAJALINGAM KATKAM Date:

2025.04.17 17:37:12 +0530 SUDARSHAN RAJALINGAM KATKAM (SANDEEP V. MARNE, J.) katkam Page No.

2 of