Chandrakant S/O Vitthalsa Mamarde v. Additional Commissioner, Amravati, Division Amravati And Others

42.wp.5348.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.5348 OF 2024 Chandrakant S/o Vitthalsa Mamarde .Vs. Additional Commissioner, Amravati Division, Amravati and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. S.S. Dhengale, Advocate for petitioner.

Mr. A.S. Fulzele, A.G.P. for respondent/State. Mr. S.V. Sohoni, Advocate for respondent Nos.6 to 8. CORAM : ROHIT W. JOSHI, J.

DATE : 08/06/2026 1.

The present petition arises out of mutation proceedings. The petitioner is aggrieved by the mutation entry No.513, which is recorded on 09.07.2002, by virtue of which the area of Survey No.113, owned by him, as is reduced from 8.25 H.R. to 7.21 H.R., by increasing the area of land bearing survey No.105 belonging to respondent No.6 from 6.16 H.R. to 7.20 H.R. The mutation entry is recorded only on the basis of unregistered deed of correction dated 29.04.2002 allegedly executed between the petitioner and respondent No.6. The said document dated 29.04.2002 is subject matter of challenge in Regular Civil Suit No.280 of 2021, which is pending adjudication before the competent Civil Court.

2.

The appeal preferred by the petitioner, challenging application for condonation of delay in filing appeal in order to challenge mutation entry No.513, came to be rejected by the learned Sub-Divisional Officer. The

42.wp.5348.2024.odt said order is maintained by the learned Additional Commissioner and the order of learned Additional Commissioner is the subject matter of challenge in the present petition.

3.

Having regard to the fact that the document on the basis of which mutation entry is recorded is subject matter of challenge in the aforesaid suit, it will be appropriate to dispose of the petition by directing that the mutation entries will be recorded in accordance with adjudication of Regular Civil Suit No.280 of 2021. 4.

It is directed that entry with respect to pendency of the said civil suit will be recorded by the concerned Revenue Authority in the revenue records pertaining to the suit properties. Further, in every 7/12 extract issued in respect of suit properties, entry regarding pendency of Regular Civil Suit No.280 of 2021 will be recorded.

(ROHIT W. JOSHI, J.) C.L. Dhakate