Full Judgment Text
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 6511 OF 2019
PETITIONER S : 1] Shankarrao Premaji Banarase,
aged about 61 years, Occ. Business,
2] Suresh Premaji Banarase,
aged about 53 years, Occ. Business
3] Dilip Premaji Banarase,
aged about 53 years, Occ. Business
4] Dnyaneshwar Premaji Banarase,
aged about 53 years, Occ. Business
All residents of Opposite Gai Chhap Salt
Factory, Ganjakhet, Nagpur.
…VERSUS…
RESPONDENT S : 1] Madarsa Jamia Arabia Islamiya,
through its Mutavali, Maulana
Abdul Kadir s/o Mahrum Mufti
Abdul Rashid, Age : Major
2] Jamiya Arebia Rashidiya, Nagpur,
through its President Mutvali
Maulana Mohd. Abdul Kadir s/o
Marhum Mufti Abdul Rashid,
Age : Major,
Respondent Nos. 1 & 2 R/o. Lal Imli,
Mirza Galli, Khadar, Gandhibag,
Nagpur.
3] Smt. Sayarabi wd/o Kayamkha,
aged about 70 years, Occ. Household
4] Shri Abdul Ajij s/o Ashakur (Tavakkal)
(power of Attorney of Smt. Sayarabi Wd/o
Kayamkhan, aged about Major, R/o.
Tavakkal, Anjuman Complex, Sadar Square,
Nagpur.
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5] Jahedabi wd/o Yusuf Khan,,
aged about 65 years, Occ. Household.
6] Hasan Karim Khan s/o Yusuf Khan,,
aged : Major, Occ. Business
7] Hasan Mahammad Khan s/o Yusuf Khan,,
aged : Major, Occ. Business
8] Hasan HusainKhan s/o Yusuf Khan,,
aged : Major, Occ. Business
9] Miss Ayarat D/o Yusuf Khan,,
aged : Major, Occ. Business
10] Miss Hamida D/o Yusuf Khan,,
aged : Major, Occ. Business
Respondent Nos. 5 to 10 R/o. Surabardi,
Tah. & Dist. Nagpur.
11] Smt. Sayeeda ja Ahmad Khan, aged : Major,
R/o. Tekanaka, Kamptee Road,
Nagpur.
12] Inspector General of Registration,
Department of Registration and Stamps,
Maharashtra.
13] State of Maharashtra, through Chief
Revenue Officer, Secretariate,
Mahrarashtra, Mumbai.
----------------------------------------------------------------------------------------------
Mr. P.V.Vaidya, Advocate with Mrs. Ketki Jaltare, Advocate for Petitioners
Mr. Masood Shareef, Advocate with Mr. A.J.Mirza, Advocate for Respondent
Nos. 1 & 2.
Mr. N.R.Patil, AGP for Respondent Nos. 12 and 13
----------------------------------------------------------------------------------------------
CORAM : AVINASH G. GHAROTE, J.
DATE : 02/03/2023.
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1] By the order dated 23.02.2023, the following position
was recorded :
“Heard Mr. Vaidya, learned counsel for the petitioner and Mr.
Masood Shareef, learned counsel for the respondents No.1 and
2. None appears for the respondent Nos. 3 to 11 though served.
Learned AGP for respondent nos.12 and 13.
2. The petition challenges the order dated 30/07/2019,
passed by the Sub-Divisional Officer, Nagpur (page 66) whereby
the delay of 35 years, in challenging the mutation entry in the
name of respondent Nos.1 and 2 has been rejected on account of
absence of any reasons. Mr. Vaidya, learned counsel for the
petitioner submits, that in fact there is no delay whatsoever, as
the obligation, for making a correct mutation entry was that of
the authority based upon the language of Section 150 read with
Section 154 of the Maharashtra Land Revenue Code and as the
authorities had committed the mistake, the petitioner cannot be
blamed for the same. He submits, that this obligation has been
recognized by this Court in Shamrao Ganpat Chintamani Vs.
Kakasaheb Laxman Gorde 2008 (Suppl) BCR 848 (paragraph
12).
3. It is therefore, submitted that the impugned order, cannot
be sustained and is required to be quashed and set aside.
4. Mr. Shareef, learned counsel for the respondent Nos.1
and 2 raises a plea that at the outset alternate remedy is
available under Section 247 of Code to the petitioner to
challenge the impugned order dated 03/7/2019 and therefore,
the petitioner be relegated to the same. On merits, he submits
that there is huge delay of 35 years which has gone without
explanation as to sufficient cause and therefore, he supports the
impugned order.
5. The factual position, indicates that the predecessor-in-
title of the petitioner claimed to have acquired title of land
Survey No. 18/1 (New No.12) and Survey No. 18/2 (New
No.40) both situated at Surabardi, Nagpur by virtue of sale deed
dated 22/9/1960 executed by one Mohansingh s/o Lala
Santraom Panjabi in favour of their father named Premaji
Banarase.
6. The respondent Nos.1 and 2, claimed title to the property
on the basis of two sale deeds dated 18/07/1978 and 18/7/1960
from the vendors of Mohansingh Panjabi. The name of
respondent Nos.1 and 2 were mutated in the 7/12 extract on
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05/02/1982 as against which the application by Premaji
Banarase for mutation of his name in the 7/12 extract filed on
24/4/1985, was filed on 7/5/1999 because of his absence. It is
not disputed that the sons of Premaji Banasre have since
instituted Regular Civil Suit No.569/2014 against the respondent
Nos.1 and 2 for permanent injunction which proceedings are
pending.
7. The provisions of Section 149 of the Maharashtra Land
Revenue Code require acquisition of rights to be reported, it is
an obligation cast upon every person who has acquired right in
the immovable property. The provisions of Section 154 of the
Maharashtra Land Revenue Code cast an obligation upon the
Registrar under the Indian Registration Act, 1908 to send an
intimation to the Talathi of the village in which the land is
situated and to the Tahsildar of the Taluka regarding any
acquisition by a registered instrument, which is for the purpose
of the Talahi / Tahsildar taking an according entry into his
record of such acquisition. The second proviso to Section 149
speaks of a person acquiring a right in the property being
exempted from the obligation to report to the Talathi, where the
right has been acquired by a registered document. This would
clearly indicate that there is no obligation upon a person
acquiring a right under the registered document to report such
acquisition under Section 149 of the Maharashtra Land Revenue
Code, to the Talathi or the Tahsildar as that obligation, is that of
the Registrar under the Registration Act. Being thus absolved of
such an obligation, the non-reporting of such an acquisition,
cannot therefore, have the effect of depriving the person who
has acquired the right under the registered instrument /
document of the right acquired under such instrument /
document. Thus, when the predecessor-in-title of the petitioner
was under no obligation to report the acquisition of right it
cannot be said that, in absence of such an obligation he has
responsibility to explain any delay, occasioned in approaching
the authorities under the Maharashtra Land Revenue Code for
corrections of the mutation entries made in the 7/12 extract or
the record of rights.
8. This position is already spelt out in Shamrao Ganpat
Chintamani Vs. Kakasaheb Laxman Gorde (supra). That being
the situation, since there was no obligation upon the petitioner
to report the mutation, the delay, occasion in filing the
application for correcting the mutation has therefore to be
construed in the light of such absence of obligation, considering
which there cannot be said to be any delay at all.
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9. It has been noticed by this Court that such situations
arise time and again, on account of absence of intimation of
sales by the Sub-Registrar under the provisions of Indian
Registration Act.
10. Sections 149, 150 and 154 of the Maharashtra Land
Revenue Code read as under :-
“149. Acquisition of rights to be reported :
Any person acquiring by succession, survivorship, inheritance,
partition, purchase, mortgage, gift, lease or otherwise, any right
as holder, occupant, owner, mortgagee, landlord, Government
lessee or tenant of the land situated in any party of the State or
assignee of the rent or revenue thereof, shall report orally or in
writing his acquisition of such right to the Talathi within three
months from the date of such acquisition, and the said Talathi
shall at once give a written acknowledgment of the receipt of
such report to the person making it :
Provided that, where the person acquiring the right is a
minor or otherwise disqualified, his guardian or other person
having charge of his property shall make the report to the
Talathi :
Provided further that, any person acquiring a right with
the permission of the Collector or by virtue of a registered
document shall be exempted from the obligation to report to the
Talathi :
Provided also that, where a person claims to have
acquired a right with the permission of the Collector where such
permission is required under the provisions of this Code or any
law for the time being in force, such person shall on being
required by the Talathi so to do produce such evidence of the
order by which such permission is given as may be required by
rules made under this Code.
Explanation I.—The rights mentioned above include a mortgage
without possession, but do not include an easement or a charge
not amounting to a mortgage of the kind specified in section 100
of the Transfer of Property Act, 1882.
Explanation II.—A person in whose favour a mortgage is
discharged or extinguished or lease determined, acquires a right
within the meaning of this section.
Explanation III.—For the purpose of this Chapter, the term
“Talathi” includes any person appointed by the Collector to
perform the duties of a Talathi under this Chapter.
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Sec. 150. (1) - The Talathi shall enter in a register of mutations
every report made to him under section 149 or any intimation of
acquisition or transfer under section 154 or from any Collector.
(2) Whenever a Talathi makes an entry in the register of
mutations, he shall at the same time post up a complete copy of
the entry in a conspicuous place in the Chavdi, and shall give
written intimation to all persons appearing from the record of
rights or register of mutations to be interested in the mutation,
and to any other person whom he has reason to believe to be
interested therein.
1[Provided that, where the record of rights are
maintained under section 148A by using the storage device, as
soon as the Tahsildar in the Taluka receives an intimation under
section 154, the Talathi in the Tahsildar office shall send it to all
persons appearing from the record of rights or register of
mutations to be interested in the mutation and to any other
person whom he has reason to believe to be interested therein
and also to the concerned Talathi of the village, by short
message service or electronic mail or any such device as may be
prescribed; and upon receipt of such intimation, the Talathi of
the village shall immediately make an entry in the register of
mutations :
Provided further that, no such intimation as provided under the
first proviso shall be required to be sent by the Talathi in the
Tahsildar office of the persons who have executed to document
in person before the officer registering the document under the
Indian Registration Act, 1908.]
(3) When any objection to any entry made under sub-section (1)
in the register of mutations is made either orally or in writing to
the Talathi, it shall be the duty of the Talathi to enter the
particulars of the objections in a register of disputed cases. The
Talathi shall at once give a written acknowledgment for the
objection to the person making it in the prescribed form.
(4) Disputes entered in the register of disputed cases shall as far
as possible be disposed of within one year by a Revenue or
Survey Officer not below the rank of an Aval Karkun and orders
disposing of objections entered in such register shall be recorded
in the register of mutations by such officer in such manner as
may be prescribed by rules made by the State Government in
this behalf.
(5) The transfer of entries from the register of mutations to the
record of rights shall be effected subject to such rules as may be
made by the State Government in this behalf :
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Provided that, an entry in the register of mutations shall
not be transferred to the record of rights until such entry has
been duly certified.
(6) Entries in the register of mutations shall be tested and if
found correct, or after correction, as the case may be, shall be
certified by any Revenue or Survey Officer not below the rank of
an Aval Karkun in such manner as may be prescribed :
1[Provided that, entries in respect of which there is no
dispute may be tested and certified by a Circle Inspector:]
2[Provided further that], no such entries shall be certified
unless notice in that behalf is served on the parties concerned.
(7) The State Government may direct that a register of tenancies
shall be maintained in such manner and under such procedure as
may be prescribed by rules made by the State Government in
this behalf.
[(8) The Commissioner may specify, from time to time, the
storage device for preparation, maintenance and updation of all
registers and documents to be maintained under section 148A.]
154. Intimation of transfers by registering officers :
When any document purporting to create, assign or
extinguish any title to, or any charge on, land used for
agricultural purposes, or in respect of which a record of rights
has been prepared is registered under the Indian Registration
Act, 1908, the officer registering the document shall send
intimation to the Talathi of the village in which the land is
situated and to the Tahsildar of the taluka, in such form and at
such times as may be prescribed by rules made under this
Code.”
11. Rule 11, Rule 33 of the Maharashtra Land Revenue
Records and Rights and Registers (Preparations and
Maintenance) Rules, 1971, reads as under :-
“Rule 11 Talathi to make entries in register of mutations:-
As soon as an intimation regarding registration of
documents referred to in Section 154 is received by a Talathi, he
shall make separate entries in the register of mutations in
respect of the mutation effected by each of the said documents.”
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“Rule 33 Provision regarding intimation to be given by
registering officer :-
(1) The intimation to be given to the Talathi and the Tahsildar
under Section 154 by a registering officer registering any
document under the Indian Registration Act, 19087, shall be
given in duplicate in Form XVI separately in respect of lands
st
included in a village. Such intimation shall be given in the 1
week of each month in respect of documents registered in the
preceding month.
(2) On receipt of such intimation, the Talathi shall maintain the
mutation entries effected in accordance with the intimation in
column 13 of Form XVI and send a duplicate copy of such
intimation to the Tahsildar.
Form XVI
[See Rule 33 (1)]
Registering Officer's Monthly Return of Registered
Transactions Affecting Land in ........................
Village ......................... Taluka ......................... District for the
month of ............................... 20
Name of
village in
which the
land is
situated
Survey No. (or
plot No.) and
sub-division
No. affected by
the transaction
Serial No.
in
registratio
n
Nature of the
document
Area Assessment
1 2 3 4 5 6
Name and
residence of
the person in
whose favour
the document
is executed
Whether
the registered
in transaction
is by order of
Court or
otherwise
Name and
residence of
the executor
of the
document
Date of
execution
of the
document
Conside
ration
Rema
rks
Tenure
7 8 9 10 11 12 13
Place :
Date : Designation of the Registering Officer
To,
The Tahsildar of ....................... Taluka .............................. District.
The Talathi of .............. Village ...............Taluka .................District
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12. Section 150 (1) of the MLR Code casts a duty
upon the Talathi to enter into a register of mutations every report
made to him under Section 149 or any intimation of acquisition
or transfer under Section 154 or from any seller/purchaser. Sub-
section (2) of Section 150 further enjoins the Talathi having
made an entry in the register of mutations, at the same time to
post a complete copy of the entry in a conspicuous place in the
Chavdi and give a written intimation to all persons appearing
from the record of rights or register of mutations to be interested
in the mutation, and so also to any other person whom he has
reason to believe to be interested therein.
12.1 Such intimation under the first proviso can also be
sent by short messages or mail where the provisions of Sec 148A
are attracted. The second proviso does away the requirement of
sending an intimation to the person/s who has/have executed the
document in person before the officer registering the document
under the Indian Registration Act 1908.
12.2 Rule 14 indicates the Form in which intimation is
to be given under Section 150 of the MLR code to the Talathi
which has to be in Form IX, which is quoted as under;
Form IX
(See Rules 14 and 24)
Intimation under Section 150 (2) of the Maharashtra Land Revenue Code, 1966
To,
...........…
Whereas, an entry has been made in the register of mutations of the
village ............................ in the ............................ taluka regarding the
acquisition of rights in land as specified below :-
Survey number or sub-
division number in which
the rights have
been[acquired]
Serial No. or date of entry in
the register of mutations
Nature of rights
acquired
And Whereas, it appears to me from the record of rights/register of mutations
that you are interested in the said mutation;
And Whereas, I have reason to believe that you are interested in the mutation;
Now therefore, I ................. (here enter name) the Talathi of the village in
which the aforesaid land is situate, hereby intimate to you about the said
mutation entry, and call upon of this intimation, your objection, if any, to the
said entry.
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Please note that if no objection is received by me within the said period of
fifteen days, it shall be presumed that you agree to the said entry.
Place :
Date : Talathi of…………
13. A circular has been issued by the State dated
29.7.2020 which indicates that above procedure is in force for
four types of documents, viz. sale-deed, mortgage deed, gift &
relinquishment, in practice it is found that this never happens
and the entire system does not work in consonance with the
above requirement. There is another notification dated
18.10.2021 in respect of properties in the city, where again it
is stated that the aforesaid system has been implemented,
however, it is contended that there is again a breach of the
system in not following it.
14. With the help of Mr Patil, learned AGP and
respective counsel appearing for the petitioner and the
respondent nos. 1 and 2, the modus operandi in registering
the documents, has been assessed as under :-
14.1 A person desirous of registering a document,
has to fill in a data entry form, giving all the particulars of the
seller/s as well as the purchaser/s and also the description of
the property, its valuation, the stamp duty paid and the
registration charges. This data entry form, to be filled in prior
to presentation of the document for registration has to have
the mobile number as well as the email Id. of the sellers as
well as the purchasers. This data entry form is to be filed by
the parties to the document. At the time of filing this data
entry form in case the property is situated within the limits of
the corporation, the city survey number; the sheet number;
and the area in which such land is situated is to be indicated
in the data entry form. Where the land is situated in the
revenue area, the Khasara/survey/Gat number, including the
sub divisions if any; the mouza where the land is situated has
to be entered in the data entry form. This entry has to be filled
in on line on the “iSarita” Portal/ server of the revenue
department. At this point of time it is permissible, to link the
data entry form, with the Electronic Property card information
system (EPCIS) if the property is situated in the City and with
the land record server (LR Server) if the property situated in
the revenue area. Once this linkage is done, subsequent to the
document being registered, the information as filed in the data
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entry form, is automatically transmitted to the city /revenue
office.
14.2 In case the linkage with the city/land record is
not done at the stage of the data entry form, then before the
registration of the document, the linkage can be done by the
concerned Sub- Registrar, while registering the document in
which case also, the information is automatically transmitted
to the city survey/ revenue office on the registration being
complete.
14.3 In case the linkage is not established in the
above two junctures, then the concerned Sub- Registrar,
manually sends the entire data, i.e. the index-II form for the
entire month in the first week of the subsequent month.
However Mr Patil submits that this procedure has been
changed and now the index-II form after completion of the
registration, in case there is no linkage, is manually sends
daily to the office of the concerned City survey
officer/Revenue Officer at Nagpur and the same system,
according to him, is expected to be adopted for the entire
State. This is the procedure, at the Sub-Registrar end.
15. Mr. Patil, AGP further submits that once the
linkage to the City Survey Office/Revenue Office, has been
made either at the stage of filling the data entry form or while
registering the document, the information regarding
registration of document stands supplied to the concerned
City/Revenue Office, whereupon the said officer, i.e. the
maintenance Survey Office in the office of the City survey and
the Talathi in the Revenue Deptt., then, verifies the data in
the index-II received by him, with the record of the city survey
office/ Revenue Office and if the same matches, takes an entry
in the mutation register. In case there are discrepancies
between the Index-II and the data in the record of city/Survey
office, the concerned officer has an option available on the
dashboard to make according corrections regarding the
spelling of the name of the recorded owner, original area of
the city survey and like things. Once that is done a
pencil/italic entry under Rule 13 of the Maharashtra Land
revenue Record of Rights and Registers (Preparation and
Maintenance) Rule, 1971, in the mutation register is taken.
Thereafter, a notice/intimation is given to the
sellers/purchasers or interested parties in form-IX, which as of
now, according to the learned AGP, is being sent by UPC in the
city area and by hand in the rural area. A notice is also posted
on the e-chawadi.
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15.1 After a period of 15 days is over from the date
of issuance of the notice, the pencil/italic entry in the
mutation register is finalized by the Circle Inspector on
the revenue side and city survey officer on the urban side
under Sec. 150(6) of the MLR Code.
15.2 It is further submitted that copies of such final
mutation entries on the urban as well as rural side shall be
available to the parties.
15.3. The same procedure is followed in case there is
no linkage and the index-II, is sent manually. Even in case
where there are no linkages, since the index-II and the data
entry form are electronically filled, the same can be can be
transmitted by the concerned sub-registrar electronically to
the concerned city/revenue officer, who which make the
requirement send it manually redundant in which case the
same procedure for effecting the mutation entry as is adopted
for the documents in which there is linkage, can be followed.
15.4 In case there are disputes the entries are taken
in the record of the disputed register and the entries are
finalized thereafter once the dispute is resolved either by an
order of the city survey officer/Revenue Officer or the higher
authority as the case may be.
15.5 Mr. Patil has also brought to my notice the
circular dt 15.9.2022 by which the Respondent No.12 has
directed all the concerned sub Registrars to ensure the correct
addresses, mobile numbers, e-mail id in the data entry form,
so that the subsequent process of mutation based upon that is
simplified. He also invites my attention to the communication
dated 29.7.2020 which enhances the e-mutation from four
category of documents to six. However that itself is not
sufficient, as a major chunk of the documentation is in respect
of the apartments for which the deed of declarations have
already been registered.
15.6 The communication dated 15/02/2023, by the
Tahsildar Nagpur (Rural) indicates, that information of all
documents registered, with the various Sub-Registrar in
Nagpur Rural area of which there is no linkage with the office
of the Tahsildar Rural in the data entry form are being sent to
the various Talathis / Circle Inspectors on the email IDs as
indicated in the tabular chart given therein, so that
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information in respect of the registered documents which are
not linked with the office of the Tahsildar in the data entry
form for the purpose of mutation is being supplied on the
daily basis to the concerned Talathi/circle Inspector. It is
contended that similar arrangement has also been made
insofar as city survey offices is concerned, whose email IDs has
been created so that the aforesaid information could also be
sent on daily basis by the concerned Sub-Registrar. This
process, in my considered opinion would entail in the
concerned City Survey Officer / Talathi, in receiving the
information regarding registration of a document, on the same
day, so that the process of mutation as contemplated by
Section 150 and 154 of the Maharashtra Land Revenue Code
would be initiated and completed within a maximum period
of 30 days, from the date of receipt of information in case the
entries are clear. In case there are persons, to whom the
notices are required to be sent, which notice as per Form IX of
the Maharashtra Land Revenue (Records of Rights and
Registers (preparation and Maintenance) Rules, 1971 has to
be for a duration of 15 days, the process of mutation, in such
cases could be completed within a period of 45 days. It is also
necessary for the mutation entry, to be communicated to the
purchasers as well as the sellers. As of now, it is stated that a
link is sent to the respective parties regarding the mutation
having been effected and the party by accessing the link can
view the entire progress of the mutation as well as mutation,
which can also be viewed by putting the registration number
of the document or the mutation case number in the official
website mahabhumi.gov.in. It is however also necessary that
once the mutation is effected, the copy of the mutation be sent
to the purchasers as well as seller on the phone no. / Id as
found in the data entry form. Mr. Patil, learned AGP, in view of
communications dated 14/02/2023 of the District
Superintendent of Land Records, and 15/02/2023 of the
Tahsildar, Nagpur Rural, submits that in future arrangement
will be made so that once the mutation entry is taken, the
same is indeed sent to the parties to the documentation the
phone number / Email ID as enumerated in the data entry
form so that the party to the document would be in a position
to get a print out of the mutation entry.
15.7 Mr. Patil, learned AGP further submits on the
basis of the communication dated 14/02/2023 of the District
Registrar, Class I and Controller of Stamps, Nagpur, that along
with the Index II form, the data entry form, will also be sent
daily to all the City Survey Officers/Revenue Officers at
Nagpur so that these officers would have access to the mobile
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numbers / e-mai Ids of the sellers and purchasers, so that the
notices / information, would then sent to them on such mobile
numbers / email addresses, and once the statutory period of
15 days is over, where there are no disputes, the mutation
entry would then be finalized / certified and copy of the
mutation would be sent to the sellers / purchasers. This
process is expected necessarily to be followed for the entire
State, which would not only curtail the period within which
the mutation entries are effected, but would also ease out the
entire process, the citizenry being benefited. It is also
necessary that a similar procedure could also be adopted in
respect of documents in respect of an apartment scheme,
where the deed of declaration has already been registered. It
is also submitted, that some more time will be required for
filing an affidavit of Settlement Commissioner or the any other
appropriate authority, to further clarify the position in this
regard, considering which list the matter on 28/02/2023.
List on 28/02/2023.
2] In pursuance to the order dated
23.2.2023 passed by this Court, the respondent no.13
has tendered an affidavit on record, which for the
sake of reference marked as “Y” and taken on record.
The order dated 23.2.2023 is made a part and parcel
of this order.
3] The affidavit marked “Y” states and
affirms as under :
A. That the information by various Sub –
Registrars to the respective Maintenance Surveyors
/ Talathi as regard information to be shared /
informed under section 154 of the Maharashtra
Land Revenue Code (hereinafter referred as
“Code”) shall be shared on daily basis i.e. the
information in digital format as to all those
documents of which auto trigger in e-ferfar/
electronic Property Card Information System (e-
PCIS) is not successful on the respective official
email IDs created for this purpose in an
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independent module in e-ferfar or e-PCIS system
for the action by concerned Talathis/Maintenance
Surveyors, throughout the State. During the time
of development of this new module the method
which has been initiated at Nagpur level by
communication dated 14.2.2023 bearing
O.W.No.426/2023 and 510/2023 issued by the
Joint District Registrar, Class-I and Collector of
Stamps, Nagpur City, by which the email IDs of the
respective parties, their Cell Phone numbers (if
given) were to be shared for expeditious initiation
of e-Mutation Case, its process, issuance of notices
and decisions therein will be adopted in the entire
State.
B. The respective Talathi/Maintenance
Surveyor will send the notice(s) as contemplated
under section 150 of the Code as per Form IX of
the Rules of 1971, to the respective parties on the
email-IDs and SMS will also be sent on their cell
phone numbers, if they give their email id & cell
phone in the PDE summary, which is to be
submitted by the parties during registration
process. The said notices are being and shall also
be posted on the ‘Aapli Chavdi’ portal as
conspicuous place display in digital form.
Government will also make all endeavor to
popularize and sufficiently inform to all citizens
that, ‘Apli Chawadi’ is public portal facility
available where all the mutation notices are
published . Notices as to their email-IDs &/or cell
phone numbers and those parties/persons whose
names appear of the Record of Rights/Register of
Mutations so also to any other persons about
whom the Talathi/Maintenance Surveyor has
reason to believe to be interested therein (the
property/transaction) will be sent by Speed/Regd.
Post. Thereafter, on completion of 15 days’ notice
period, after the service of these notices, if
objections are not received, the mutation case will
be forwarded to concerned Circle Officer for
certifying the mutation (as regards the
Maintenance Surveyor, the mutation would be
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ipso facto available for the City Survey Officer for
certification) Apart from this, a notice as required
under section 230 of the Code - i.e. by
Speed/Regd. Post on last known/supplied address
of the respective parties will be continued. This
procedure of regular notice cannot be done away
with, as many officers had to face police
complaints on the point of issuance and more
particularly on the point of service of notice and
also for the reason, that not all persons have or
give email ids or phone number let alone cell
phone number.
On certification of the mutation, a
notice/information of completion of the process of
mutation case shall be sent to parties on their
email id and by SMS, so that the parties can
download updated record from official website
www.mahabhumi.gov.in
.
C. As regards Deeds of Declaration do not fall
within the ambit of section 154 of the Code and
hence information thereto was not sent by the
SROs to e-PCIS & e-ferfar till date in auto trigger
manner. As it is observed as a genuine necessity of
citizen facilitation by the Hon’ble High Court in
order dated 28.02.2023, it is submitted that, the
State has decided to allow auto trigger of Deed of
Declaration, Deed of Apartment from i-Sarita to e-
PCIS/e-Ferfar. Necessary change in these systems
will be made, accordingly as soon as possible. The
required legal provisions and amendments in
current acts/rules will be pursued for bringing
legal sanctity.
The contents of the affidavit are accepted
as an undertaking to the Court by the respondent
no.13.
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4] In addition to that, Mr. Patil, learned
AGP upon instructions makes a statement that the
information as contained in the data entry form i.e.
PDE Summary would also be sent to the various
authorities for the purpose of mutation. He also
submits that notices as contemplated in para B of the
aforesaid affidavit shall also be sent on the e-mail id/
SMS of the parties to the document, in addition to
the mode as stated therein. He further submits that
the entire process of mutation from the date of
registration till the mutation entry shall be completed
in 30 days, unless it is a disputed entry and the final
entry of mutation shall also be intimated to the
parties to the document by the e-mail id/SMS (link).
All these statements are accepted as statements to the
Court and the respondent no.13 shall be bound by
these statements.
5] Learned AGP shall place originals of the
affidavits marked as “X” and “Y” on record, within a
period of one week from today.
6] In view of the above position and the
discussion made on merits of the matter, the petition
is hereby allowed. The order dated 3.7.2019 (pg.64)
is hereby quashed and set aside and the application
for condonation of delay in filing the appeal is hereby
allowed.
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7] Parties are directed to appear before the
learned SDO on 24.3.2023, who shall decide the
matter before him as expeditiously as possible.
8] The Court records its appreciation, of all
the respective counsels for the parties, the learned
AGP Mr.N.R.Patil and the officers who have assisted
him in this proceeding, in bringing out the above
position and expects that the procedure would be
made further simpler, so that the citizenry would have
the benefit of the same.
JUDGE
Rvjalit
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