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Bombay High CourtCA/13886/2025disposed off

Jagannath Fakira Patil Through Gpa Nandkishor Jagannath Patil v. The State Of Maharashtra And Others

2026-01-20Hon'Ble Shri Justice Siddheshwar Sundarrao Thombre2 pages

2026:BHC-AUG:2525 {1} wp9610-17.doc drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.9610 OF 2017 Jagannath Fakira Patil PETITIONER

VERSUS

The State of Maharashtra and Others RESPONDENTS .......

Mr. Deepak K. Rajput, Advocate for the Petitioner Mr. A. D. Wange, AGP for Respondent - State .......

[CORAM : SIDDHESHWAR S. THOMBRE, J.] DATE : 20 th JANUARY, 2026 ORDER :

Heard learned Advocate for the Petitioner.

2.

The Petitioner has assailed order dated 29.03.2017 passed by the Additional Commissioner, Nashik Division, Nashik. 3.

The present Petition is arising out of Mutation Entry. It is settled law that revenue authorities are not supposed to decide title or rights of the parties and it is for the Civil Court to decide the same. Mutation Entries are only for fiscal purpose and do not create any title.

3.

In the present Petition, the Petitioner has challenged order passed by the Additional Divisional Commissioner. The learned

{2} wp9610-17.doc AGP has raised preliminary objection on the tenability of the present Petition on the ground that the Petition is having alternate efficacious remedy of filing second revision before the State Government. In support of his submission, learned AGP has relied on "Gurudassing Nawoosing Panjwani Vs. State of Maharashtra and Others" reported in 2015 AIR SCW 6277 SUPREME COURT decided on 06.11.2015.

4.

In view of the above, I am not inclined to entertain the Writ Petition on the ground of availability of alternate efficacious remedy and in view of that the Writ Petition is disposed of. 5.

The Petitioner is at liberty to file second revision before the State Government, within a period of 8 weeks from today. The time spent while prosecuting the present Petition shall be taken into consideration by the State Government.

6.

If the Petitioner files second revision within a period of 8 weeks, the State Government shall decide the same within a period of 6 months thereafter.

7.

In view of disposal of the Writ Petition, pending Civil Application is disposed of.

[ SIDDHESHWAR S. THOMBRE ] drp/wp9610-17.doc JUDGE