Bombay High CourtWP/9646/2024transfer to other court

Shantabai M Shivpuji And ANR v. The Tahasildar Chandgad And ORS

2025-01-15Hon'Ble Shri Justice M. S. Karnik , Hon'Ble Shri Justice N. R. Borkar2 pages

by ANANT KRISHNA NAIK Date:

2025.01.17 17:07:30 +0530 25.WP.9646.2024.doc ANANT KRISHNA NAIK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9646 OF 2024 Smt. Shantabai M. Shivpuji & Anr.

..... Petitioners

VERSUS

The Tahasildar, Chandgad, Dist. Kolhapur & Ors. ..... Respondents **** Mr. Sachin P. Shetye i/b. Mr. Saurav N. Katkar for the Petitioners. Smt. Ashwini A. Purav, Assistant Government Pleader for the Respondent Nos. 1 to 4 & 15 Mr. Dhrupad Patil i/b. Mr. Ajay Jaybhave for the Respondent Nos. 5 to 8 Mr. Shantanu Raktate for the Respondent Nos. 9 to 14 **** CORAM :

A. S. CHANDURKAR & M. M. SATHAYE, JJ.

DATED :

15th JANUARY 2025 P.C.:

We have heard the learned counsel for the parties for sometime. 2.

It is seen that initially on 13/01/2020, the Petitioners had made a complaint before the Additional Chief Secretary, Department of Revenue and Forest, making a grievance with regard to the manner in which the Mutation Entry Nos. 744, 1210 and 1211 came to be passed. Since the grievance of the Petitioners was not being looked into they had approached this Court by filing Writ Petition (ST) No. 4371 of 2022 (Smt. Shantabai M. Shivpuji and another vs. The Tahasildar, Changad and Others). On 07/03/2022, it was directed that the Tahsildar shall hear the parties and take a decision within a period of four weeks. Such decision having been taken by the Tahsildar on 04/01/2024, it is the grievance of the Petitioners that the request made by akn

25.WP.9646.2024.doc them for holding an inquiry into the manner in which the revenue entries were effected has not been gone into.

We have perused the order dated 04/01/2024 passed by the Tahsildar. We may observe that in so far as effecting the Mutation Entries are concerned, the remedy of the Petitioners under the provisions of the Maharashtra Land Revenue Code, 1966 is available. However, the Respondent No. 3-Collector is directed to examine the contents of the Petitioners' complaint dated 13/01/2020 (wrongly stated to be 13/01/2019) and file an affidavit indicating whether he finds it necessary to conduct any inquiry in the matter on the grievance made by the Petitioners. 4.

To enable the affidavit to be filed, stand over to 12/02/2025. 5.

Parties to act on the authenticated copy of this order. (M. M. SATHAYE, J.) (A. S. CHANDURKAR, J) akn