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JUDGMENT :
KAMAL KHATA, J.
1. Rule. Rule made returnable forthwith, by Consent of the parties.
2. By the present Petition under Article 226 of the Constitution of India, the Petitioner challenges the legality, validity and correctness of the orders dated 14th May 2009 passed by Respondent No.3 – Superintendent of Land Records, 29th March 2010 passed by Respondent No.2 – Deputy Director of Land Records, and 30th November 2011 (“the impugned order”) passed by Respondent No.1 – State of Maharashtra, (collectively referred to as the “impugned orders”). By the said orders, the mutation entry effected in the Property Register Card in respect of land bearing Survey No.236, Hissa No.2, CTS No. B/1061, admeasuring about 1067.7 square metres, situate at Hill Road, Bandra (West), Mumbai- 400 050 (“the subject property”), in favour of the Petitioner came to be deleted, and the Petitioner’s application for mutation of her name as owner was finally rejected by the Respondent No.1, despite the Petitioner’s claim of title founded on a Consent Decree passed by this Court.
FACTUAL BACKDROP
3. One Mr. John Alexander Dias was the original owner of several immovable properties, including the subject propert
Mutation proceedings under the U.P. Land Revenue Act are summary in nature and do not confer title or extinguish rights. The only way to establish title is through a regular suit for declaration.
Mutation does not confer or extinguish title and is based on possession for revenue purposes. The decree in a civil suit may not necessarily relate to the land in question for the purpose of mutation....
Mutation proceedings under U.P. Revenue Code do not determine title or confer ownership; such matters are subject to civil court adjudication, and petitions against mutation orders are generally not ....
Revenue authorities lack jurisdiction to adjudicate title disputes; their role is limited to verifying documents for mutation entries under the Maharashtra Land Revenue Code.
Mutation orders require evidence of possession through lawful transfer, and failure to consider possession invalidates such orders.
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.
(1) Mutation – There is no bar for seeking mutation based on a Will – However, in a case of serious dispute regarding validity/genuineness of Will, appropriate course for parties would be to approach....
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