JUDGMENT - MOHTA V.A., J.:---The ambit of power of the Deputy Collector in the matter of modification of entry or insertion of any new entry in Wajib-ul-arz under section 165(4) of the Maharashtra Land Revenue Code, 1966 (the Maharashtra Code) falls for determination in this writ petition against the following backdrop.

2. First the facts:

Respondent No. 1 Mango Lende purchased field Survey Nos. 54/3, 54/5 and 54/4 of Mouza Kuhi, Tahsil Umrer, District Nagpur in the year 1961. First two fields were purchased from petitioner No. 1 Shrikrishna Naik (since deceased) and the third field from one Babusingh. Field Survey No. 171 of the same village is a tank and its recorded owners are petitioner No. 1 deceased Shrikrishna, petitioner No. 2 Ramkrishna Dhenge, petitioner No. 3 Sadashiv Dhenge, respondent No. 2 Smt. Rukhmabai Deshmukh, respondent No. 3 Baburao Deshmukh, respondent No. 4 Firangrao Deshmukh and Smt. Indirabai. Respondent No. 1 Mango filed an application on 31st October, 1977 before the Deputy Collector under section 165(4) of the Maharashtra Code for insertion of entry in the wajib-ul-arz about his customary right of irrigation to his fields from the tank in field Survey No. 171. Seven recorded owners of field Survey No. 171 were arrayed therein as non-applicants. The Deputy Collector issued a proclamation in the village inviting objections to be filed on or before 5th December, 1977 for insertion of an entry as required by the respondent No. 1. The arrayed non-applicants opposed by raising objections on 12th June 1978. Petitioner No. 4 Fakira to petitioner No. 17 Upasrao claim to be the title holders of field Survey No. 171 by virtue of various transfers. Four of them appeared before the Deputy Collector and raised objections on 24th July, 1978. The Deputy Collector granted the application overruling on merits the objections filed by the original non-applicants. Objections raised by the transferees were not considered on merits on the ground that those objectors were not recorded as owners in the revenue papers and their objections were filed beyond prescribed date. The transferees - petitioner No. 4 Fakira to petitioner No. 17 Upasrao filed an appeal before the Collector who, inter alia, held that since all the affected parties did not wish to have the new entry inserted, no such order could be passed under section 165(4)(a) without recourse to the remedy of a suit before competent Civil Court under section 165(4)(b) to (e). Against the said appellate order of the Collector setting aside the order passed by the Deputy Collector, respondent No. 1 Mango filed a review which also came to be dismissed. Thereafter respondent No. 1 mango filed a revision before the Commissioner, who was pleased to allow the said revision and to restore the order passed by the Deputy Collector. The substance of the view taken by the Commissioner is the order passed by the Deputy Collector was correct on merits and since the original non- applicants had not challenged the order of the Deputy Collector in appeal and the objections raised by others were unauthorised and beyond time, consent of all the interested parties must be presumed .That order of the Commissioner dated 20th December, 1980 is impugned in this petition.

3. Wajib-ul-arz is a village administration paper containing record of certain existing customary rights of easement in private land and fishing in private water. In the Berar Land Revenue Code, 1928, there was no provision for maintenance of such paper, but in the Central Provinces Land Revenue Act, 1917 (the C.P. Act) there was, (section 79). In the M.P. Land Revenue Code, 1954 (the M.P. Code) which unified revenue laws of the then State of Madhya Pradesh, a provision was incorporated (section 225). Section 165 of the Maharashtra Code is a provision in pari materia with section 225 of the M.P. Code. Sub-section (1) of section 165 enjoins upon the Collector to ascertain and record such village customs soon aft

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