Case Note & Summary
The petitioners, Jagannath Khanderao Kedar and Indumati Khanderao Kedar, filed a writ petition under Article 227 of the Constitution of India challenging the mutation entries made in the revenue records in respect of certain agricultural lands. The respondents, including Gopinath Bhimaji Kedar and others, were the beneficiaries of the mutation entries. The petitioners contended that the mutation entries were illegal and without jurisdiction. The court noted that a civil suit regarding the title to the property was already pending between the parties. The court held that mutation entries do not confer title and that revenue authorities are not competent to adjudicate title disputes. The proper remedy for the petitioners was to pursue the civil suit. The court dismissed the petition, stating that it would not interfere under Article 227 when a civil suit is pending.
Headnote
A) Civil Procedure - Mutation Entry - Title Dispute - Section 149 Maharashtra Land Revenue Code, 1966 - The petitioners challenged mutation entries made in revenue records in favor of respondents. The court held that mutation entries do not confer title and that revenue authorities cannot adjudicate title disputes. The proper remedy is a civil suit. Since a civil suit was already pending, the petition was dismissed. (Paras 1-10) B) Constitutional Law - Writ Jurisdiction - Article 227 of the Constitution of India - The court declined to exercise its supervisory jurisdiction under Article 227 as the dispute involved questions of title which are to be decided by a civil court. The petition was dismissed. (Paras 1-10)
Issue of Consideration
Whether the High Court should interfere with mutation entries in revenue records under Article 227 of the Constitution when a civil suit is pending regarding title.
Final Decision
The petition was dismissed. The court held that mutation entries do not confer title and that revenue authorities cannot adjudicate title disputes. The proper remedy is a civil suit, which was already pending.
Law Points
- Mutation entry does not confer title
- Civil suit is appropriate remedy for title disputes
- Revenue authorities cannot adjudicate title
