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2025 Supreme(Bom) 418
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V. MARNE, J
Kamlakar Haribhau Naik - Appellant
Versus
State Of Maharashtra - Respondent
WRIT PETITION NO.8460 OF 2023
Decided On : 25-02-2025
Advocate Appeared:
Ms. Neeta Karnik, Senior Advocate i/b. Ms. Sharwari Lopes for the
Petitioners.
Ms. Anjali Helekar with Ms. Anu C. Kaladharan for Respondent
Nos.10 to 15
Mr. Kaivalya Manoj Raul with Mr. R.P. Patil i/b. Ms. Ruchita
Rajpurohit for Respondent Nos.5 & 7 to 9.
Mr. Bapusaheb Dahiphale, AGP for Respondent-State.
Mr. Sunil Karandikar Amicus Curiae
Hissa Form No.4 does not constitute a document of title; mere entries in revenue records do not create or extinguish ownership rights.
Headnote:
(A) Maharashtra Land Revenue Code, 1966 - Section 88 - Aakarphod Patrak No.12 of 1968 - Petitioners challenge the order of the learned Minister (Revenue) confirming the cancellation of Aakarphod Patrak and directing sub-division measurements of land - The court found that Aakarphod Patrak had become infructuous and meaningless due to non-implementation and cancellation of related mutation entries. (Paras 1, 7, 35)
(B) Document of Title - The court held that Hissa Form No.4 does not constitute a document of title, as it merely reflects sub-division for revenue purposes and does not confer ownership rights. (Paras 22, 30)
(C) Legal Precedence - The court noted conflicting judgments regarding the status of Aakarphod Patrak and emphasized that mere entries in revenue records do not create or extinguish title. (Paras 26, 30)
Facts of the case:
The Petitioners challenged the orders regarding the cancellation of Aakarphod Patrak No.12 of 1968, which reflected a sub-division of land among three sharers, and sought to establish their rights over the land based on this document. (Paras 1, 5, 8)
Findings of Court:
The court upheld the Minister's finding that Aakarphod Patrak No.12 of 1968 was rendered meaningless and that the Petitioners had no claim to the land based on it. (Paras 35, 36)
Issues: The main issues included whether Aakarphod Patrak constituted a document of title and the implications of the cancellation of related mutation entries. (Paras 14, 20)
Ratio Decidendi: The court ruled that Hissa Form No.4 does not confer title and that the Aakarphod Patrak had not been effectively implemented, thus failing to establish ownership. (Paras 22, 30)
Result: Petition dismissed.
| Table of Content |
|---|
| 1. challenge to aakarphod patrak (Para 1) |
| 2. partition recorded (Para 2 , 3) |
| 3. cancellation of mutation entry (Para 4) |
| 4. sub-division of land (Para 5 , 6 , 7) |
| 5. petitioners' contention (Para 8 , 9) |
| 6. respondents' opposition (Para 10) |
| 7. intervenors' submission (Para 11 , 12 , 13 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 8. court's discussion (Para 14) |
| 9. historical context (Para 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 10. petition outcome (Para 35 , 36 , 37 , 38) |
JUDGMENT :
1. By this Petition Petitioners challenge order dated 21 March 2023 passed by the learned Minister (Revenue) partly allowing Revision Application filed by Respondent Nos.5 to 9 and confirming the order dated 17 June 2022 passed by the Deputy Director Land Records, Kokan (DDLR) directing that the Aakarphod Patrak No.12 of 1968 has been rendered infructuous and meaningless and that therefore sub division measurements be conducted in respect of Respondent Nos.5 to 9 of land bearing Survey No.78/1A and 78/1B.
2. Briefly stated, facts of the case are that a partition was recorded between Hari Balwant Naik, Mahadev Aba Naik and Ganesh Bhai Naik by statement made in front of Talathi in respect of various lands and as per the said statement, lands came to the share of three persons as under:-
Land allotted to Shri Mahadev Aba Naik
| Survey No. | Hissa No. | Area | Akkar |
| 279 | 1 pai. | 01-18-0 | 22-13-6 |
| 300 | 1 pai. | 00-31-7 | 7-14-0 |
| 288 | 1 pai. | 1-00-0 | 13-0-6 |
| 275 | 4/1 pai | 01-18-5 | 16-14-4 |
| 301 | 1 pai. | 00-21-5 | 06-14-0 |
Land allotted to Shri Hari Balwant Naik
| Survey No. | Hissa No. | Area | Akkar |
| 304 | 1 pai. | 02-10-2 | 22-13-6 |
| 300 | 1 pai. | 00-31-7 | 7-14-0 |
| 288 | 1 pai. | 1-00-0 | 13-0-6 |
| 275 | 4/1 pai | 01-18-5 | 16-12-4 |
| 301 | 1 pai. | 00-21-5 | 06-14-0 |
Land allotted to Shri Ganesh Bhai Naik
| Survey No. | Hissa No. | Area | Akkar |
| 279 | 1 pai. | 02-17-7 | 22-13-6 |
| 288 | 1 pai. | 2-00-0 | 26-1-6 |
| 275 | 4/1 pai | 00-20-00 | 06-0-0 |
3. For recording the above partition, Mutation Entry No.2414 was certified on 11 October 1955 thereby recording names of the three sharers in respect of various lands and areas as more particularly described in the said Mutation Entry.
4. It appears that the said three sharers decided to get the lands coming to their respective shares physically sub-divided and accordingly approached the Deputy Director of Land Records, Vasai, who carried out the exercise of sub-division of land bearing Survey No. 279 in the year 1968 by diving the land in 12 shares as Survey Nos. 279/1/1 to 279/1/12. The sub-divided lands were accordingly reflected in Hissa Form No.4 (Gunakar Book). However, though land bearing Survey No.279 was recorded in the shares of Mahadev Naik and Ganesh Bhai Naik and no portion was allotted to the share of Hari Balwant Naik in the partition effected in the year 1955, it appears that while creating the sub-division, name of Hari Balwant Naik was also reflected in three out of 12 shares of land bearing Survey No.279 in Hissa Form No.4 (Akarphod Patrak No. 12 of 1968). Thus, the Akarphod Patrak reflected sub-division of land bearing Survey No.279 into 12 shares and name of Hari Balwant Naik was reflected in respect of Hissa No.279/1/5, 279/1/6 and 279/1/12. The entries made in Hissa Form No.4 giving effect to the sub-division were apparently signed by each of the three partitioning parties. It appears that based on entries made in Hissa Form No.4 (Aakarphod Patrak No.12 of 1968) Mutation Entry No.3342 was certified on 8 February 1972 recording names of the sharers corresponding to one indicated in Hissa Form No.4. Accordingly, name of Hari Balwant Naik came to be mutated in respect of land bearing Survey No.279/1/5, 279/1/6 and 279/1/12 vide Mutation Entry No. 3342. However, the said Mutation Entry No.3342 came to be cancelled by Tehsildar by order dated 16 October 1972.
5. The above position of cancellation of Mutation Entry No. 3342 continued for a long time. It appears that the land bearing Survey No.279 was subsequently assigned Survey No. 78 and instead of giving effect to the Aakarphod Patrak by dividing the land into 12 independent shares, the same was di
