Case Note & Summary
The petitioners, Jibhau Sukhdev Deore and others, filed a writ petition challenging the correction of survey numbers in mutation entries by the revenue authorities. The dispute pertained to land in village Nitane, Taluka Baglan, District Nashik. The respondent No.1, Vishwas Ramchandra Dighavkar, had obtained a civil court decree in 1995 regarding the land, and based on that decree, the revenue authorities corrected the survey numbers in the mutation entries. The petitioners contended that the correction was made without notice to them, violating principles of natural justice. The court examined the provisions of the Maharashtra Land Revenue Code, 1966, particularly Section 149, which deals with correction of entries. The court held that the correction of survey numbers was a clerical correction and did not require notice to parties. The court also noted that the petitioners had an alternative remedy by way of a civil suit to establish their title, and therefore, the writ petition was not maintainable. The petition was dismissed with no order as to costs.
Headnote
A) Land Revenue - Mutation Entry Correction - Notice Requirement - Section 149 Maharashtra Land Revenue Code, 1966 - The court held that correction of survey numbers in mutation entries does not require notice to parties as it is a clerical correction, not a change in rights. The petitioners' challenge to the correction was dismissed as the correction was based on a prior civil court decree and the petitioners had an alternative remedy by way of civil suit. (Paras 1-14) B) Civil Procedure - Alternative Remedy - Section 9 Specific Relief Act, 1963 - The court held that the petitioners could seek remedy by filing a civil suit for declaration of title and injunction, as the dispute involved title over land. The writ petition was dismissed on the ground of availability of alternative remedy. (Paras 15-20)
Issue of Consideration
Whether correction of survey numbers in mutation entries requires notice to parties under the Maharashtra Land Revenue Code, 1966, and whether the petitioners have an alternative remedy by way of civil suit.
Final Decision
The writ petition is dismissed. Rule discharged. No order as to costs.
Law Points
- Mutation entry correction
- Notice requirement
- Section 149 Maharashtra Land Revenue Code
- 1966
- Section 9 Specific Relief Act
- 1963
- Civil suit remedy
