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2023 Supreme(Online)(Bom) 2587

HIGH COURT OF BOMBAY
SANDEEP V. MARNE, J
SHRI. SUBHASH AMOLAKCHAND GANDHI – Appellant
Versus
THE SUPERINTENDENT, MUMBAI CITY SURVEY AND LAND RECORDS – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Chetan G. Patil
For the Respondents: Mr. P.P. Pujari, AGP

Table of Content
1. ownership and land records disputed. (Para 2 , 3 , 4)
2. arguments regarding court permission and mutation. (Para 5 , 6)
3. court's observation on voidable alterations. (Para 7 , 8 , 9)
4. clarification on legal status of transactions. (Para 10 , 11)
5. final ruling allowing petition. (Para 15 , 16)
ORAL JUDGMENT:

1. Rule. With the consent of the parties, the Petition is taken up for hearing forthwith.

2. The challenge in the present Petition is to the order dated 6 February 2018 passed by the Maharashtra Revenue Tribunal rejecting Petitioner’s Appeal filed challenging the decision of the Superintendent of Land Records dated 31 October 2015. Petitioner has twin grievances of (i) non-mutation of his name to the record of rights in respect of land and (ii)refusal on the part of the Respondents in subdividing the same and issuance of separate property card extracts.

3. The Petitioner has purchased the land bearing Plot No. 6A vide deed of conveyance dated 23 October 1997 from Mr. Latif Mohamed Hashambhoy and Mr. Gulamali Mohamed Hashambhoy who are the Administrators of the estate of one, Mr. Habib Mohamed Hashambhoy. The Deed of Conveyance has been registered in the office

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