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 City Survey Officer could refuse to mutate the names of the petitioners in the revenue records on the ground that permission of the Collector, Mumbai Suburban District was required as a pre-condition for carrying out the mutation. In Shetty's case, there was a registered Conveyance Deed transferring the subject plot to one Kamalbai Pathak, and a sanad in Schedule 'H' format signed by the Collector recording that the terms of tenure were both transferable and heritable. Shetty claimed rights through the son of Kamalbai Pathak, Arun Pathak, who bequeathed the property under a Will dated 26 July 1986, and Shetty purchased the property under a registered Conveyance Deed dated 28 December 2001. On 30 March 2019, Shetty applied to the City Survey Officer to enter his name in the Record of Rights, but the officer refused on the ground that Collector's permission was required. The Court held that when the land is transferable and heritable as per the sanad, no permission of the Collector is required for mutation, and the City Survey Officer must carry out mutation upon application. The Court directed the City Survey Officer to carry out mutation within four weeks from the date of the order.
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 when the land is transferable and heritable as per the sanad, no permission of the Collector is required for mutation, and the City Survey Officer must carry out mutation upon application. (Paras 2-10) B) Land Revenue - Sanad - Transferable and Heritable Tenure - Schedule 'H' - The sanad in Schedule 'H' format signed by the Collector recorded that the terms of tenure were both transferable and heritable. The Court held that such sanad conclusively establishes the transferable nature of the land, and no further permission is needed for mutation. (Paras 3-5) C) Land Revenue - Mutation - Pre-condition of Collector's Permission - The City Survey Officer's refusal based on requirement of Collector's permission was held unsustainable as the land was already transferable. The Court directed the City Survey Officer to carry out mutation within four weeks. (Paras 8-10)
Issue of Consideration
Whether the City Survey Officer can refuse to mutate the names of the petitioners in the revenue records on the ground that permission of the Collector is required as a pre-condition for mutation, when the land is transferable and heritable.
Final Decision
The Court allowed the petitions and directed the City Survey Officer to carry out mutation of the names of the petitioners in the revenue records within four weeks from the date of the order.
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
