Haribhau Sadashivrao Pund And ... vs State Of Maharashtra Through ...
2016 Latest Caselaw 32 Bom

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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             NAGPUR BENCH, NAGPUR




                                                                                     
                                                             
                              WRIT PETITION NO. 4815 OF 2014


     1]         Haribhau Sadashivrao Pund,




                                                            
                aged about 72 years, Occ. Agriculture,

     2]         Ganesh Champatrao Pund,
                aged about 62 years, Occ. Agriculture,




                                              
                Both R/o. Washi Tahsil, Samudrapur,
                Distt. Wardha.
                             
     3]         Baba Champatrao Pund, 
                            
                aged about 57 years, Occ. Agriculture,
                R/o. Daroda, Tah. Hinganghat,
                Distt. Wardha                       ......                       PETITIONERS
      

                                     ...VERSUS...
   



     1]         State of Maharashtra, through
                Collector, Wardha.

     2]         Additional Commissioner, Nagpur





                Division, Nagpur.

     3]         Shri Sanjay Bhagwat, Additional
                Collector, Wardha.





     4]         Vithal Shrirang Watkar @
                Vithal Shriram Watkar, aged about
                52 years, Occ. Agriculture,

             R/o. Washi Tahsil Samudrapur,
             Distt. Wardha;                                            RESPONDENTS
     -------------------------------------------------------------------------------------------
     Shri R.V.Gaikwad, counsel for Petitioners
     Ms. P.D.Rane, AGP, for R-1 and 2
     Shri R.L.Alone, counsel for Respondent No.4
     -------------------------------------------------------------------------------------------


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                               CORAM: R. K. DESHPANDE, J.

th DATE : 24 FEBRUARY, 2016 .

ORAL JUDGMENT

1] Rule made returnable forthwith.

Heard finally by consent of learned counsels

appearing for the parties.

2]

The Sub Divisional Officer, Hinganghat by his

order dated 13.08.2012 has cancelled the mutation entry No.

161, dated 18.11.2010 by which the name of the respondent

no.4 - Vitthal Shriram Watkar claiming himself to be the son

of Nalu, the daughter of Sadashiv was cancelled. In appeal

and revision, the higher authorities have reversed this order.

Hence this writ petition.

3] The writ petition can be disposed of by an order

as under;

(I) The respondent no. 4 has already filed Regular

Civil Suit No. 97 of 2012 claiming the declaration

that he is the son of Nalu. The Sub Divisional

Officer had also granted him opportunity to file

3 wp4815.14.odt

such claim and obtain the declaration from the

competent Court. In view of this, the

cancellation of Entry No. 161 dated 18.11.2010

shall be subject to the result of Regular Civil Suit

No. 97 of 2012;

(II) The order passed by the Additional

Commissioner, Nagpur Division, Nagpur, in

Revision Application No. 11/RTS-64/2013-14

and the order passed by the Additional Collector,

Ward on 26.08.2013 in Appeal No. 44/

RTS-64/2012-13 are hereby quashed and set

aside.

Rule is made absolute in above terms. No orders as to

costs.

JUDGE

Rvjalit