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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Sharmila U. Deshmukh, J.
Vanessa De Souza – Appellant
Versus
Hiranandani Properties Pvt. Ltd. – Respondent
2. The Petitions take exception to the order dated 29th December, 2020 passed by the State of Maharashtra through the Ministry for Revenue and orders passed by the subordinate authorities in revenue proceedings leading to the filing of the Revision Application before the State Government. Common submissions were advanced and hence both Petitions are being disposed of by this common judgment.
FACTUAL MATRIX:
3. The Petitioner in Writ Petition No 221 of 2021 claims to have purchased the subject land from the Respondent No 2- Ali Akbar Jafari, who is the Petitioner in the connected Writ Petition No 2690 of 2022 by registered sale deed. The Respondent No 1 in both the Petitions claims to have acquired development rights from Ali Akbar Jafari in respect of the subject property. The proceedings arise out of challenge to the Mutation Entry No 15406 certified in favour of Petitioner in Writ Petition No 221 of 2021 and Mutation Entry No 15166 certified in favour of Petitioner in Writ Petition No 2690 of 2022.
CASE PLEADED IN WRIT PETITION NO 221 of 202
Revenue authorities lack jurisdiction to adjudicate title disputes; their role is limited to verifying documents for mutation entries under the Maharashtra Land Revenue Code.
When a document of registered sale-deed is produced before the authority, the revenue authorities are bound to give effect to the same and are not required to decide the question of title.
Revenue authorities must effect mutation based on registered civil court consent decrees without adjudicating title, probate, prohibitory orders, or registration issues, as proceedings are fiscal onl....
Revenue authorities cannot adjudicate title, probate or decree validity in mutation proceedings; must effect mutation on registered civil decrees for fiscal purposes unless set aside by competent cou....
Point of Law : where the legislature does not provide for any length of time within which the power of revision is to be exercised by the authority, suo motu or otherwise, it is plain that exercise o....
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