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2023 Supreme(Bom) 1293

N. J. JAMADAR
Namdev Mahadu Jambhulkar – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Ms. Prachiti Deshpande
For the Respondent: Mr. Surel Shah i/b. Mr. Chaitanya Nikte, Mr. Hitanshu Jain and Mr. Prajit Sahane, Mr. C.D. Mali, AGP

JUDGMENT :

1. Rule. Rule made returnable forthwith. With the consent of the learned counsel for the parties, heard finally.

2. This petition assails the legality, propriety and correctness of an order passed by the Tahsildar, Mulshi (Poud), Dist. Pune in HNO/ 257/SAR/05/2011 dated 10th December, 2021 directing rectification of mutation entry No. 8744 to the extent of deleting the survey No. 233/2A/1 from the preview of the said mutation.

3. Though the litigation has a checkered history with multiple rounds of litigation before the revenue authorities and the Civil Courts and this round in effect being the third round of substantive proceedings before this Court yet the background facts necessary for the determination of this petition can be stated as under:

3.1 Agricultural land bearing survey No. 233 admeasuring 22 Acre and 23 R situated at Hinjewadi, Tal. Mulshi, District Pune was held by the More family. Ganpat Jambhulkar, the predecessor in title of the petitioners, claimed to have purchased an area admeasuring 11 Acre and 11.50 Gunthas out of the said land bearing survey No. 233 from one Mr. Ganpat More under a registered Sale Deed dated 20th April, 1960. M. Entry No.1568 came to

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