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2014 DIGILAW 1343 (BOM)

Ibrahim Khan s/o. Abdul Samad Khan v. State of Maharashtra

2014-06-25

A.P.BHANGALE

body2014
ORAL JUDGMENT 1. Rule returnable forthwith. Heard finally by consent. 2. The petitioner has preferred this Writ Petition in order to question propriety and legality of the order passed by the Additional Commissioner (Revenue), Nagpur in Revision No.40/RTS64/2011-12 whereby the order passed by the Additional Collector, Wardha in Revenue Appeal No.2/RTS64/2009-2010, dt.27.1.2012 and the order passed by the Sub Divisional Officer, Hinganghat in Revenue Appeal No.53/RTS64/2007-2008 in respect of Khasra No.22 at mouza Nimba, Tq.Samudrapur, District Wardha were quashed and set aside and mutation entry no.299, dt.23.12.2004 and mutation entry no.241, dt.26.9.2007 were ordered to be restored. The grievance of the petitioner is that he is a poor agriculturist and there was a money lending transaction between him and respondent nos. 2 to 4. They had no any legal right, interest and title in the agricultural land which was owned and possessed by the petitioner. They entered into transaction with third party/respondent no.5 namely Sheikh Inayatulla Sheikh Subhank to the prejudice of legal right, interest and title in the suit land which, according to the petitioner, is owned and possessed by him. It is also argued that there are standing crops in the agricultural land belonging to the writ petitioner which is subject matter of the impugned order. 3. As such, mutation proceedings before the Revenue Authorities do not create any legal right, interest or title in a person. They are result of fiscal inquiry in order to prima facie determine as to who is answerable for payment of land revenue in respect of the agricultural land. The plaintiff, if aggrieved by any order passed or decision given by the Revenue Officer, can approach the competent Civil Court for appropriate relief regarding legal right, title and interest in the agricultural land which is subject matter of the impugned order. The learned Counsel, at this stage, in view of the observation aforementioned, submitted that the plaintiff could approach competent Civil Court to get appropriate relief and for the time being, he prays for protection of possession of the agricultural land. That being so, operation of the impugned order passed by the Additional Commissioner (Revenue), Nagpur in Revision No.40/RTS64/2011-2012 shall remain stayed/suspended for a period of four weeks so as to enable the writ petitioner to approach the competent Civil Court with appropriate suit to protect his alleged legal right, interest and title in respect of subject matter of the impugned order. The Writ Petition, therefore, stands disposed of as withdrawn. No order as to costs.