Case Note & Summary
The judgment disposes of two writ petitions filed by Sudhir Vasu Shetty and Charisma Builders Limited against the City Survey Officer, Chembur and the State of Maharashtra. The short issue involved was whether the orders of the City Survey Officer refusing to mutate the names of the respective petitioners in the revenue records, principally on the ground that permission of the Collector, Mumbai Suburban District was required as a pre-condition for carrying out the mutation, can be sustained. In Shetty's case, there was a registered Conveyance Deed by which the subject plot was transferred in the name of Kamalbai Pathak. There was a form of sanad in the format specified under Schedule 'H', which recorded that the terms of the tenure of the occupancy in respect of the subject land was both transferable and heritable. This sanad was signed by the Collector. Shetty claimed rights to the property through the son of Kamalbai Pathak, Arun Pathak, who was bequeathed the property under a Will dated 26th July 1986. Shetty purchased the property under a registered Conveyance Deed dated 28th December 2001 from Arun Pathak. On 30th March 2019, Shetty made an application to the City Survey Officer to enter his name in the Record of Rights. The City Survey Officer refused the mutation on the ground that permission of the Collector was required. The Court held that since the land was transferable and heritable as per the sanad, no permission of the Collector was required for mutation. The orders of the City Survey Officer were quashed and set aside, and the City Survey Officer was directed to carry out the mutation within four weeks.
Headnote
A) Land Revenue - Mutation of Names - Transferable Land - Section 149 of Maharashtra Land Revenue Code, 1966 - The issue was whether the City Survey Officer could refuse mutation on the ground that Collector's permission was required. The Court held that where the land is transferable and heritable as per the sanad, no permission of the Collector is required for mutation. The orders of the City Survey Officer were quashed and set aside. (Paras 2-4)
Issue of Consideration
Whether the orders of the City Survey Officer refusing to mutate the names of the petitioners in the revenue records on the ground that permission of the Collector was required as a pre-condition can be sustained.
Final Decision
The Court quashed and set aside the orders of the City Survey Officer refusing mutation and directed the City Survey Officer to carry out the mutation within four weeks.
Law Points
- Mutation of names in revenue records
- Transferable and heritable land
- Collector's permission not required for mutation when land is transferable
- Section 149 of Maharashtra Land Revenue Code
- 1966
