Vishwanath Munjaji Chavan vs The State Of Maharashtra And ...
2021 Latest Caselaw 2311 Bom

                               1                  WP 2309.2021.odt

      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

                 921 WRIT PETITION NO.2309 OF 2021

              VISHWANATH MUNJAJI CHAVAN
                            VERSUS
         THE STATE OF MAHARASHTRA AND OTHERS
                                 ...
       Advocate for Petitioner : Mr. Nagargoje Ankush N.
           AGP for Respondents : Mr. K B Jadhavar
                                 ...
                   CORAM : V.K. JADHAV, J.

Dated : February 04, 2021 ...

PER COURT :-

1. Learned counsel appearing for the petitioner

submits that the land in dispute is gat no.280 (old

survey no.85) admeasuring 4 H 20R situated at village

Ranjala, Post Purjal Tq. Aundha (Nagnath), District

Hingoli. The predecessor-in-title of respondents no.10 to

18 namely Dashrathgir s/o Madhavgir had mortgaged

this property in favour of father of the petitioner way

back in the year 1924. There are entries in the 7/12

extract to that effect. Learned counsel submits that by

mutation no.984 after death of Dashrathgir, mutation

was effected in favour of his legal heirs and entry about

the mortgage of the property in the 7/12 extract came to

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2 WP 2309.2021.odt

be deleted on the basis of this mutation sanctioned in

the year 2011. The petitioner has challenged the said

cancellation of the entry and matter is now pending

before the Additional Commissioner Aurangabad vide

revision no.10 of 2021. Learned counsel submits that

respondent no.10 herein has fled an application Exh.E

before the Collector Hingoli by referring the decision

rendered by the Sub-Divisional Offcer, Vasmat in the

appeal dated 31.8.2019 and also the order passed by the

Additional Collector, Hingoli in appeal dated 10.12.2020.

Learned counsel submits that by this application,

respondent no.10 has prayed to give him the possession

of the suit land. Learned counsel submits that without

there being any decree of the Court, only on the basis of

the judgment and order passed by the Revenue

authorities pertaining to the mutations, the learned

Collector has directed the Tahsildar/S.D.O. Vasmat to

hand over the possession of the suit land to respondent

no.10.

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3 WP 2309.2021.odt

2. In view of the above submissions, issue notice to

the respondents, returnable on 18.3.2021. Learned AGP

waives notice for respondent nos. 1 to 9.

3. Till the next date of hearing, the effect of the order

impugned is hereby stayed.

( V.K. JADHAV, J. ) ...

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