Shri Ramchandra S/O Bhiwa Thool ... vs Smt. Barubai Vitthal Patil And ...
2017 Latest Caselaw 1820 Bom

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

                          WRIT PETITION NO. 3278 OF 2009

 1]         Ramchandra Bhiwa Thool
            through L.Rs

 (1)        Bandu Ramchandra Thool
            (absconding) aged about 47 years,
            Occ. Service, represented through
            his L.Rs

 (a)        Smt. Maya w/o Bandu Thool,
            Aged about 45 years, Occ. Household,

 (b)        Sandip Bandu Thool,
            aged about 22 years, Occ. Student, 

 (c)        Monu Bandu Thool,
            aged about 18 years, Occ. Student,

            All R/o. Abhay Nagar, Near Suyog
            Nagar, House of Shri Gawai, Wardha
            Road,  Nagpur. 

 (2)        Raju Ramchandra Thool,
            aged about 45 years, Occ. Service, 
            R/o. Shankpur (Bodkhi), 
            Tah. And Distt. Nagpur.

 (3)        Smt. Jijabai w/o Tarachand Kamble,
            aged about 55 years, Occ. Household,
            R/o. Plot No. 79, Ujwal Nagar, 
            Wardha Road, Nagpur.

 (4)        Smt. Kantabai W/o Trambakrao Lokhande,
            aged about 53 years, Occ. Household,
            R/o Samta Nagar, Yavatmal Road, Near
            Om Polytechnic College, Wardha.

 (5)        Smt. Sheela w/o Tarachand Hajare,
            aged about 50 years, Occ. Household,


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          R/o. Chandramani Nagar, Near
          Buddha Vihar, Galli No. 309,
          Nagpur...

 2]       Kartik Bhiwa Thool,
          aged about 86 years, Occ. Agriculturist,
          R/o. Shankarpur (Bodkhi),
          Tq. And Distt. Nagpur...                               PETITIONERS

                               ...VERSUS...

 1.       Smt. Barubai Vitthal Patil (dead)
          through L.Rs

 (a)      Gulab Vitthal Patil,
          aged about 60 years, Occ. Retired,

 (b)      Natthu Vitthal Patil,
          aged about 57 years, Occ. Service,

 (c)      Chandramani Vitthal Patil,
          aged about 52 years, Occ. Labourer,

          Nos. (a) to (c) R/o. Gumgaon, Tahsil
          Hingna, Distt. Nagpur.

 (d)      Smt. Chandrabhaga Nagsen Bhagat,
          aged about 48 years, Occ. Household,
          R/io. Hudkeshwar, Near Madgi Nagar,
          Post Pipla, Tah. And Distt. Nagpur

 2.       Smt. Kausalyabai Sonbaji Bansod
          (deceased) through her L.Rs

 2-a) Shri M.S.Bansod,

 2-b) Shirsagar S. Bansod (deleted since dead)

 2-c) S.S.Bansod

 2-d) A.S.Bansod

 2-e) Smt. Indu Sonarkar


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 3]       Smt. Surabai Hari Dakhne
 `        through L.Rs.
          Sheshrao Hari Dakhane
          (Deleted since dead)

          All R/o. Nerw Shukrawari, 
          Ward No.18, Fawara Chowk,
          Nagpur.

 4]       The Additional Commissioner,
          Nagpur.                                                     RESPONDENTS

 -------------------------------------------------------------------------------------------
 Shri P.S.Sadavarte, counsel for Petitioners
 Shri A.M.Pannase, counsel for Respondents
 -------------------------------------------------------------------------------------------
                          CORAM: R. K. DESHPANDE, J.

th DATE : 18 APRIL, 2017 .

ORAL JUDGMENT

1] This petition challenges the order dated

23.01.2009 passed by the Additional Commissioner, Nagpur,

confirming the order passed by the City Magistrate on

26.07.2005. By the impugned orders, the Sub Divisional

Officer is directed to make an enquiry as to the procedure

followed in recording the mutation entry in the name of the

petitioners. The Additional Commissioner has held in the

order that the question of inheritance and title cannot be

gone into by the revenue Authorities, but only the procedural

aspect can be considered.

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          2]               There is a serious dispute regarding the rights of

the respondents in the property in possession of the

petitioners and unless such right is adjudicated in a duly

constituted suit, the mutation entries of the year 1970-71

cannot be altered and the revenue Authorities will have to

enter such a dispute in a 'disputed cases register' maintained

under the provisions of the Maharashtra Land Revenue

Code. The question of inheritance and title is required to be

decided by the Civil Court and it cannot be decided by the

revenue Authorities, as has been rightly held in the order

impugned, passed by the Additional Commissioner.

3] The petition can be disposed of by setting aside

that part of the order of the Additional Commissioner which

directs fresh enquiry to be made in the matter, leaving it open

for the parties to work out their legal rights by filing a civil suit

in accordance with law.

4] The writ petition is partly allowed. The revenue

Authority shall enter the properties in the 'disputed cases

register' and a decision thereon shall depend upon the out

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come of any civil proceeding to be filed by the parties

concerned. It is made clear that none of the observations

recorded by any of the Authorities below shall come in the

way of the parties while adjudication before the Civil Court.

The writ petition is accordingly disposed of.

JUDGE

Rvjalit