Bombay High Court Dismisses Writ Petition Challenging Mutation Entry in Revenue Records — No Substantial Question of Law Arises from Correction of Clerical Error in 7/12 Extract.

High Court: Bombay High Court Bench: AURANGABAD
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Case Note & Summary

The petitioners filed a writ petition before the Bombay High Court challenging an order passed by the Sub-Divisional Officer, which confirmed a mutation entry in the revenue records. The dispute pertained to a clerical error in the 7/12 extract, where the name of the original owner was incorrectly recorded. The Sub-Divisional Officer corrected the entry to reflect the correct name. The petitioners argued that the correction was improper and that they had a right to the property. The High Court examined the matter and found that the correction was merely a clerical error and did not involve any substantial question of law. The court noted that the petitioners had not demonstrated any legal right that was adversely affected by the correction. Consequently, the High Court dismissed the writ petition, holding that no interference was warranted under writ jurisdiction. The decision was based on the principle that revenue records are not conclusive of title and that corrections of clerical errors do not require extensive judicial review.

Headnote

A) Revenue Law - Mutation Entry - Correction of Clerical Error - The petitioners challenged the mutation entry in the revenue records, which was corrected by the Sub-Divisional Officer to reflect the correct name of the original owner. The High Court held that the correction was merely a clerical error and no substantial question of law arose, dismissing the writ petition. (Paras 1-5)

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Issue of Consideration

Whether the petitioners have made out any case for interference under writ jurisdiction against the order of the Sub-Divisional Officer confirming the mutation entry in the revenue records.

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Final Decision

The High Court dismissed the writ petition, holding that no substantial question of law arose and that the correction of a clerical error in the revenue record did not warrant interference under writ jurisdiction.

Law Points

  • Mutation entry
  • Revenue record
  • Clerical error
  • Correction
  • Writ jurisdiction
  • No substantial question of law
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Case Details

2018 LawText (BOM) (03) 28

Writ Petition No.404 of 2018

0000-00-00

Janardhan S/o. Hanumantrao Patil @ Salunke and others

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Nature of Litigation

Writ petition challenging an order of the Sub-Divisional Officer confirming a mutation entry in revenue records.

Remedy Sought

Petitioners sought to quash the order of the Sub-Divisional Officer and set aside the mutation entry.

Filing Reason

Petitioners alleged that the mutation entry was incorrectly corrected by the Sub-Divisional Officer, affecting their rights.

Previous Decisions

The Sub-Divisional Officer had passed an order confirming the mutation entry after correcting a clerical error.

Issues

Whether the correction of a clerical error in the revenue record amounts to a substantial question of law warranting interference under writ jurisdiction.

Submissions/Arguments

Petitioners argued that the correction was improper and that they had a right to the property. Respondent (not named) likely argued that the correction was merely a clerical error and did not affect any legal rights.

Ratio Decidendi

Correction of a clerical error in revenue records does not give rise to a substantial question of law, and writ jurisdiction should not be exercised in such matters.

Judgment Excerpts

The court observed that the correction was merely a clerical error and no substantial question of law arose.

Procedural History

The petitioners filed a writ petition before the Bombay High Court challenging the order of the Sub-Divisional Officer. The High Court dismissed the petition.

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High Court Bombay High Court Dismisses Writ Petition Challenging Mutation Entry in Revenue Records — No Substantial Question of Law Arises from Correction of Clerical Error in 7/12 Extract.