Vitthal Pandurang Bhujbal And ORS v. Kushava Baban Bhujbal And ORS

31-wp514-2025.doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.514 OF 2025 VAIBHAV RAMESH JADHAV VAIBHAV RAMESH JADHAV Date: 2025.02.11 18:43:44 +0530 Vitthal Pandurang Bhujbal & Ors.

... Petitioners V/s.

Kushava Baban Bhujbal & Ors.

... Respondents Mr. Sanjiv A. Sawant with Ms. Samiksha S. Mane i/by Mr. Heramb Kadam for the petitioners.

Mr. Rohan Surve i/by Mr. Yogesh Dandekar for respondent Nos.1 to 3.

Ms. V. S. Nimbalkar, AGP for the State.

CORAM

: AMIT BORKAR, J.

DATED : FEBRUARY 11, 2025 P.C.:

1.

The challenge in this writ petition arises out of proceedings conducted under Section 155 of the Maharashtra Land Revenue Code, 1966.

2.

According to the petitioners, respondent No.1 purchased land bearing Survey No.52/8, admeasuring 43R; however, the revenue authorities erroneously recorded respondent No.1's name in relation to property bearing Survey No.50/8. 3.

The submissions on behalf of the petitioners do not fall within the ambit of a clerical error as envisaged by Section 155 of the Maharashtra Land Revenue Code, 1966. In light of the

31-wp514-2025.doc evidentiary records before the Court, it is clear that the error alleged herein is not of a trivial or inadvertent nature. Consequently, the invocation of the powers conferred under Section 155 appears to have been improper.

4.

The petitioners are at liberty to initiate and pursue appropriate proceedings available under the provisions of the Maharashtra Land Revenue Code, 1966.

5.

The period during which the present writ petition has been under litigation-namely, from 26 October 2018 to the date of this order-shall be excluded when assessing the appropriateness and timeliness of any subsequent proceedings adopted by the petitioners.

6.

The revenue authorities are directed to determine the appropriate proceedings to be instituted by the petitioners without being influenced by the observations made either in the impugned order or in this judicial order.

7.

In view of the foregoing, the writ petition is hereby disposed of. It is so ordered that the petitioners be at liberty to institute appropriate proceedings under the Maharashtra Land Revenue Code, 1966, to redress the grievances detailed herein. (AMIT BORKAR, J.)