Madhukar S/O Harichand ... vs State Of Maharashtra, Thr. ...
2022 Latest Caselaw 13194 Bom

                                               1                               7 wp 5661.2022

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

                            WRIT PETITION NO. 5661 OF 2022
                              Madhukar s/o Harichand Sawarbandhe
                                             ..vs..
                                 State of Maharashtra and ors.

----------------------------------------------------------------------------------------------
Office Notes, Office Memoranda of Coram,                           Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
--------------------------------------------------------------------------------------
                              Shri S.G. Karmarkar, Advocate for the petitioner.
                              Mrs. Khan, A.G.P. for respondent nos. 1 to 5.




                                            CORAM : VINAY JOSHI, J.

DATED : 19/12/2022.

Heard.

2. The petitioner has purchased a subject land under the registered sale-deed dated 25.03.2015. On the basis of said sale-deed, the petitioner's name was mutated to the revenue record on 12.05.2015. Being aggrieved, respondent no. 7 of the petition has filed an appeal to the Sub Divisional Officer, which was dismissed on 30.06.2016, however his Second Appeal was allowed by the Additional Collector on 14.03.2017 thereby cancelling the mutation entered into the name of the petitioner. Being aggrieved, the petitioner has filed revision to the Divisional Commissioner, Nagpur however it was rejected, which is the subject matter of challenge.

3. The Additional Collector has cancelled the mutation on the ground that original owner has executed an agreement to sell in favour of respondent 2 7 wp 5661.2022

no. 7 prior to the sale-deed. Moreover the suit of respondent no. 7 for specific performance was pending in which the order of injunction was issued. In view of that mutation entry recording the petitioner's name was cancelled.

4. Learned Counsel appearing for the petitioner would submit that the concern suit of respondent no.7 for specific performance of contract (Special Civil Suit No. 37 of 2012) was dismissed vide judgment and order dated 29.09.2022 and there is no appeal.

5. Issue notice to the respondents, returnable after four weeks.

6. Learned A.G.P. waives notice on behalf of respondent nos. 1 to 5.

(VINAY JOSHI, J.)

Trupti

TRUPTI SANTOSHJI AGRAWAL

21.12.2022 10:57