Laxmi Pratapay Vaswani And ORS v. City Survey Officer Ulhasnagar And ORS

15-WP-14310-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.14310 OF 2024 Laxmi Pratapay Vaswani And Ors.

...Petitioners

Versus

City Survey Officer Ulhasnagar And Ors.

...Respondents

------ Adv. G. R. Agrawal, Naina P. Boraste for the Petitioner. Adv. M. S. Bane, AGP for the State.

------ Coram : Sharmila U. Deshmukh, J.

Date : October 22, 2024.

P. C. :

1.

By the present Petition, the challenge is to the communication dated 5th February, 2024 passed by the Sub-Divisional Officer Ulhasnagar which reviewed its earlier order dated 13th November, 2014 and the City Survey Officer based on order of Sub-Divisional Officer was pleased to cancel all Mutation Entries which were carried out pursuant to the earlier verification dated 13th November, 2014. 2.

Learned counsel for the Petitioners would submit that the suo moto review could not have been exercised by the Sub-Divisional Officer and therefore, the order of 5th February, 2024 has been challenged being without jurisdiction of this Court. 3.

Learned AGP has rightly pointed out that the said communication dated 5th February, 2024 was challenged by way of an Appeal before the City Survey Officer and by order dated 5th August, 2024, the Appeal came to be rejected.

Harish 1 of

15-WP-14310-2024.doc 4.

He would further submit that as against the said order, there is an Appeal which is provided to the District Superintendent of Land Records.

5.

In light of the above, the Petition is disposed of with liberty to the Petitioners to file an appropriate Appeal before the District Superintendent of Land Records to challenge the order dated 5th August, 2024.

[Sharmila U. Deshmukh, J.] Harish 2 of Signed by: Sachin R. Patil Designation: PS To Honourable Judge Date: 30/10/2024 13:26:08