23 WP Nos 6349-22with 6364-22 (SPM).doc

BDP-SPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 6349 OF 2022

Shri Narayan Antu Gujare

…. Petitioner.

V/s

The State of Maharasthra & Ors.

…. Respondents

WITH

WRIT PETITION NO. 6364 OF 2022

Smt Chaturabai Narayan Gujare

…. Petitioner.

V/s

The State of Maharashtra and Ors.

…. Respondents.

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Mr. Sandeep Mishra i/b Mr. Ganesh Jha for the Petitioner.

Mr. S.D. Rayrikar, AGP for Respondent Nos. 1 to 5.

Mr. Shreesh Oak a/w Mr. Vinayak Palande a/w Rushikesh Kharat i/b

S.C. Legal for Respondent No.2.

Mr. Jaydeep Deo for the respondent no. 6 in both the writ petitions.

----

CORAM: NITIN W. SAMBRE, J.

DATE: AUGUST 20, 2022

P.C.:-

1]

As the issues involved in both the aforesaid Petitions are same,

by consent they are tagged and heard together.

2]

Challenge in the Petition is to the order dated 15/03/2022

passed in Revision No. RTS-27 A 21/P.K.303/J-4A. By the order

Corrected as per order dated 15/11/2022.

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23 WP Nos 6349-22with 6364-22 (SPM).doc

impugned State Government (Minister for Revenue) has allowed the

Revisions preferred under Section 257 of the Maharashtra Land

Revenue Code (For short “MLRC”) preferred by the Respondents and

set aside the order passed by the Divisional Commissioner, thereby

order of mutating the suit property in the name of the Respondents

was restored as was initially ordered by the Deputy Collector.

3]

For the convenience, facts in Writ Petition No.6349 are taken

into consideration.

4]

Deceased Narayan Antu Gujare was an owner of agricultural

land bearing Survey No.112, Hissa No.6/1A, area admeasuring 2

Hectares 49-R with pot-kharaba R-53 situated at Village Savrali,

Taluka Talsari, District Palghar. (hereinafter shall be referred to as

“the suit property”). Said Narayan vide Conveyance Deed dated

25/07/1986

conveyed

the

property

in

favour

of

Respondent/purchaser. Pursuant to the said Deed of Conveyance

dated 25/7/1986 in favour of Respondent/purchaser, the temporary

Mutation Entry No.703 was rejected as the said Respondent has failed

Corrected as per order dated 15/11/2022.

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23 WP Nos 6349-22with 6364-22 (SPM).doc

to demonstrate his status as an agriculturist. Similar attempt vide

temporary Mutation Entry No. 781 was also rejected in 1990.

Respondent/purchaser thereafter produced evidence of he being an

agriculturist which was in relation to his holding in the State of

Gujarat before the Tahasildar. However, vide order dated 12/8/2014

Tahasildar rejected the claim by rejecting Mutation Entry No.1204.

Being aggrieved, Respondent/purchaser approached Sub-Divisional

Officer in appeal under Section 247 of the MLRC. The Sub-Divisional

Officer, Dahanu vide order dated 27/10/2015 by relying on 7 X 12

Extract produced by the Respondent/purchaser granted mutation,

which was confirmed by the Deputy Collector, Palghar vide order

dated 06/09-2017. The Revision came to be preferred before

Divisional Commissioner, Konkan Division by the Petitioner, who has

allowed the same in favour of the Petitioner vide order dated

03/11/2018. The said order dated 03/11/2018 was corrected

pursuant to the prayer of the Petitioner. The Respondent/purchaser

feeling aggrieved approached the State Government under Section

257 of the MLRC, thereby invoking revisional jurisdiction. State

Government vide order impugned has allowed the Revision and set

Corrected as per order dated 15/11/2022.

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23 WP Nos 6349-22with 6364-22 (SPM).doc

aside the order of the Divisional Commissioner, Konkan Division.

5]

Contentions of Mr. Mishra, learned Counsel appearing on

behalf of the respective Petitioner are, State Government has failed to

consider evidentiary value of