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2021 Supreme(Bom) 1757

S.J.KATHAWALLA, MILIND N.JADHAV
Sudhir Vasu Shetty – Appellant
Versus
City Survey Officer – Respondent


Advocates appeared:
Rohaan Cama, Advocate, Kunal Mehta, Advocate, Suraj Iyer, Advocate, Mani Thevar, Advocate, Bhushan Deshmukh, Advocate, Kunal Mehta, Advocate, Suraj Iyer, Advocate, Mani Thevar, Advocate, Kedar Dighe, Advocate

JUDGMENT

1. The present judgment disposes of two Writ Petitions filed by the abovenamed Petitioners, who for convenience are separately referred to as 'Shetty' (Writ Petition (L) No. 7184 of 2020) and 'Charisma' (Writ Petition (L) No. 7193 of 2020. There are minor factual differences in the two Petitions, but the material issues are the same and hence, both Petitions may be conveniently disposed of by this common judgment.

2. The short issue involved in the present Petitions is whether the orders of the City Survey Officer, Respondent No. 1 to the Petitions, refusing to mutate the names of the respective Petitioners in the revenue records, principally on the ground that permission of the Collector, Mumbai Suburban District was required as a pre-condition for carrying out the mutation, can be sustained.

3. In Shetty's case, there is a registered Conveyance Deed, by which the subject plot was transferred in the name of one Kamalbai Pathak. There is a form of sanad in the format specified under Schedule 'H', which records that the terms of the tenure of the occupancy in respect of the subject land is both transferable and heritable. This sanad is signed by the Collector. There are five s

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