Case Note & Summary
The petitioner, Smt. Kausalyabai Kisand Dhande, filed a writ petition in the Bombay High Court at Aurangabad challenging a mutation entry made in the revenue records in favor of the respondents without her notice. The petitioner claimed that she was in possession of the land and that the mutation entry was made behind her back. The respondents, who were legal heirs of the original deceased persons, opposed the petition. The court noted that the mutation entry does not confer any title but the revenue authority must follow principles of natural justice. The court directed the Sub-Divisional Officer, Raver, to decide the petitioner's representation after hearing all parties concerned, including the petitioner and the respondents, within a period of three months from the date of receipt of the order. The writ petition was allowed in these terms, and the civil application was disposed of accordingly.
Headnote
A) Revenue Law - Mutation Entry - Principles of Natural Justice - Maharashtra Land Revenue Code, 1966 - Mutation entry made without notice to the petitioner - Petitioner claimed to be in possession and objected to the entry - Court held that mutation entry does not confer title but revenue authority must follow principles of natural justice - Directed the Sub-Divisional Officer to decide the petitioner's representation after hearing all concerned parties (Paras 1-4).
Issue of Consideration
Whether the mutation entry made in the revenue records without notice to the petitioner is sustainable and whether the revenue authority should decide the petitioner's representation after hearing all parties.
Final Decision
Writ petition allowed. The Sub-Divisional Officer, Raver, is directed to decide the petitioner's representation after hearing all parties concerned, including the petitioner and the respondents, within a period of three months from the date of receipt of the order. Civil application disposed of accordingly.
Law Points
- Mutation entry does not confer title
- Revenue authority must follow principles of natural justice
- Writ petition maintainable against revenue orders
