Full Judgment Text
1 wp3278.09.odt
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,
::: Uploaded on - 20/04/2017 ::: Downloaded on - 02/06/2024 03:02:14 :::
2 wp3278.09.odt
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
2a) Shri M.S.Bansod,
2b) Shirsagar S. Bansod (deleted since dead)
2c) S.S.Bansod
2d) A.S.Bansod
2e) Smt. Indu Sonarkar
::: Uploaded on - 20/04/2017 ::: Downloaded on - 02/06/2024 03:02:14 :::
3 wp3278.09.odt
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.
::: Uploaded on - 20/04/2017 ::: Downloaded on - 02/06/2024 03:02:14 :::
4 wp3278.09.odt
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 197071
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
::: Uploaded on - 20/04/2017 ::: Downloaded on - 02/06/2024 03:02:14 :::
5 wp3278.09.odt
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
::: Uploaded on - 20/04/2017 ::: Downloaded on - 02/06/2024 03:02:14 :::
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,
::: Uploaded on - 20/04/2017 ::: Downloaded on - 02/06/2024 03:02:14 :::
2 wp3278.09.odt
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
2a) Shri M.S.Bansod,
2b) Shirsagar S. Bansod (deleted since dead)
2c) S.S.Bansod
2d) A.S.Bansod
2e) Smt. Indu Sonarkar
::: Uploaded on - 20/04/2017 ::: Downloaded on - 02/06/2024 03:02:14 :::
3 wp3278.09.odt
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.
::: Uploaded on - 20/04/2017 ::: Downloaded on - 02/06/2024 03:02:14 :::
4 wp3278.09.odt
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 197071
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
::: Uploaded on - 20/04/2017 ::: Downloaded on - 02/06/2024 03:02:14 :::
5 wp3278.09.odt
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
::: Uploaded on - 20/04/2017 ::: Downloaded on - 02/06/2024 03:02:14 :::