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RAVINDRA V. GHUGE, Y. G. KHOBRAGADE
Dhananjay Deoram Jadhav – Appellant
Versus
State of Maharashtra, Through its Secretary, Revenue and Forest Department – Respondent
Headnote: Read headnote
JUDGMENT :
Ravindra V. Ghuge, J.
1. Rule. Rule is made returnable forthwith and heard finally by the consent of the parties.
2. The Tahsildar has passed certain orders and has carried out mutation entries by recording the factum of lis-pendence. The Petitioner has moved an application/representation dated 23.03.2023 calling upon the Tahsildar to review his own orders and set aside the mutation entries that were carried out under his orders.
3. The learned AGP submits that merely because a representation is filed, does not mean that the Court should direct an Officer to entertain a revision. So also, this would amount to seeking a review by the Tahsildar of his own mutation entries.
4. We are of the view that, a Writ of Mandamus is issued when the Court notices that a particular Officer refuses to exercise jurisdiction duly vested in him by Law for deciding particular matters and in a particular manner, warranting the High Court to issue a ‘Command’ to ensure that he exercises the jurisdiction vested in him by Law. As such, issuance of such a command is a
The main legal point established in the judgment is the scope and limitations of a Writ of Mandamus, emphasizing that it is issued when a particular Officer refuses to exercise jurisdiction duly vest....
The Additional Commissioner cannot delegate his revisional powers to the Tahasildar, violating statutory provisions under the OSS Act, 1958.
A Tahasildar is not required to consult the Collector for correcting the R.o.R as per law, and higher authorities may not set aside such orders without valid reasons.
Court mandates entry of civil court orders in revenue records, underscoring procedural compliance.
The High Court's orders are binding on subordinate authorities, and failure to follow such orders constitutes a usurpation of judicial authority.
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