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HIGH COURT OF BOMBAY
N. J. Jamadar, J
Namdev Mahadu Jambhulkar and Others – Appellant
Versus
The State of Maharashtra and Others – Respondent
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| 1. legal challenge against administrative mutations based on established ownership. (Para 1 , 2 , 3) |
| 2. contention regarding the legitimacy of authority actions over court rulings. (Para 5 , 6 , 7) |
| 3. discussion on writ jurisdiction amid available alternatives. (Para 9 , 14 , 26) |
| 4. final ruling reasserting the primacy of civil court determinations over administrative jurisdiction. (Para 30) |
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 perview 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
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