Case Note & Summary
The Petitioner, Tukaram Ganpat Mohare (since deceased, through legal heir Shivaji Tukaram Mohare), filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challenging an order dated 30/10/2023 passed by the Additional Collector, Pune (Respondent No.2). The impugned order cancelled Mutation Entry No. 4288, which had been recorded in the revenue records in favor of the Petitioner, and directed restoration of the names of Respondent No.7, Kailash Piraji Aatre. The Petitioner contended that the Additional Collector had no jurisdiction to pass such an order, as the power to review or cancel mutation entries vests with the Sub-Divisional Officer under the Maharashtra Land Revenue Code, 1966. Additionally, the order was passed without issuing any notice or affording an opportunity of hearing to the Petitioner, thereby violating principles of natural justice. The Respondents, including the State of Maharashtra and Respondent No.7, opposed the petition. The High Court, after hearing the parties, found that the Additional Collector lacked jurisdiction and that the order was passed in gross violation of natural justice. Consequently, the Court quashed and set aside the impugned order dated 30/10/2023 and directed the restoration of the Petitioner's name in the revenue records as it stood prior to the impugned order. The petition was allowed.
Headnote
A) Land Law - Mutation Entry - Jurisdiction of Additional Collector - The Additional Collector, Pune, passed an order dated 30/10/2023 cancelling Mutation Entry No. 4288 and directing restoration of names of Respondent No.7 in revenue records without issuing notice or hearing the Petitioner - Held that the Additional Collector acted without jurisdiction and in violation of principles of natural justice, as the power to review mutation entries lies with the Sub-Divisional Officer under the Maharashtra Land Revenue Code, 1966 (Paras 1-9).
B) Constitutional Law - Writ Jurisdiction - Article 226 of the Constitution of India - The Petitioner filed a writ petition challenging the order of the Additional Collector - Held that the High Court can interfere when an order is passed without jurisdiction and in breach of natural justice - The impugned order was quashed and set aside (Paras 1-9).
Issue of Consideration
Whether the Additional Collector had jurisdiction to pass the order dated 30/10/2023 cancelling mutation entry and whether the order was passed in violation of principles of natural justice.
Final Decision
The impugned order dated 30/10/2023 passed by the Additional Collector, Pune is quashed and set aside. The mutation entry No. 4288 is cancelled and the Petitioner's name shall be restored in the revenue records as it stood prior to the impugned order. The petition is allowed.
Law Points
- Natural justice
- jurisdiction of Additional Collector
- mutation entry cancellation
- restoration of names in revenue records
- Maharashtra Land Revenue Code
- 1966
Case Details
Writ Petition No. 13043 of 2024
G. S. Kulkarni, Aarti Sathye
Mr. Vivek V. Salunke a/w. Ms. Manthan Chaudhari, for Petitioner; Mr. Nitin P. Deshpande, for Respondent No.7; Dr. Dhruti Kapadia, AGP for Respondent No.1 to 3, 6 & 8/State
Tukaram Ganpat Mohare (Since deceased through legal heir Shivaji Tukaram Mohare)
The Collector, Pune (Rehabilitation Branch) Pune; The Additional Collector, Pune; The Deputy Collector, Rehabilitation, Pune; The Village Talathi, Kathapur, BK; The Village Talathi, Aavasari Bk.; The Circle Officer, Pargaon; Kailash Piraji Aatre; The State of Maharashtra
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging an order of the Additional Collector cancelling mutation entry.
Remedy Sought
Quashing of order dated 30/10/2023 passed by Respondent No.2, cancellation of Mutation Entry No. 4288, and restoration of Petitioner's name in revenue records.
Filing Reason
The Additional Collector passed an order cancelling Mutation Entry No. 4288 without jurisdiction and without giving notice or hearing to the Petitioner.
Previous Decisions
Order dated 30/10/2023 passed by the Additional Collector, Pune (Respondent No.2) cancelling Mutation Entry No. 4288.
Issues
Whether the Additional Collector had jurisdiction to pass the order dated 30/10/2023 cancelling mutation entry?
Whether the order was passed in violation of principles of natural justice?
Submissions/Arguments
Petitioner argued that the Additional Collector lacked jurisdiction and the order was passed without notice or hearing.
Respondents opposed the petition, but the Court found merit in Petitioner's submissions.
Ratio Decidendi
The Additional Collector acted without jurisdiction and in violation of principles of natural justice by passing an order cancelling mutation entry without issuing notice or hearing the affected party. Such an order is liable to be quashed under Article 226 of the Constitution of India.
Judgment Excerpts
This Petition is filed under Article 226 of the Constitution of India praying for the following substantive reliefs :
The Petitioner, therefore, prays that:- By suitable writ, order or direction the order dated 30/10/2023 passed by the present Respondent No.2 - the Additional Collector, Pune may be quashed and set aside;
By suitable writ, order or direction this Hon'ble Court may be pleased to cancel the Mutation Entry, No. 4288 which has been recorded on the basis of the impugned order dated 30/10/2023 in the record of rights with respect to the subject properties and accordingly the names of the present Petitioner may be restored back
Procedural History
The Petitioner filed Writ Petition No. 13043 of 2024 before the Bombay High Court challenging the order dated 30/10/2023 passed by the Additional Collector, Pune. The petition was heard and disposed of on 24/11/2025.
Acts & Sections
- Constitution of India: Article 226
- Maharashtra Land Revenue Code, 1966:
