Bombay High Court
RAGHUNATH PANDURANG LOTE AND ANRversusMAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO. LTD. AND ORS
- Decided
- Disposal
- Disposed Off
Holding
Mutation entries do not establish title, so the writ petition is dismissed.
Summary
The petitioners, already parties to a civil suit concerning ownership of land Survey No.121/2, Mouje Dawdi, filed a writ petition alleging they are the owners based on a 7/12 extract. The respondents, including Maharashtra State Electricity Distribution Co., contested the claim. The court examined whether mutation entries confer any title to property and held that such entries are merely for fiscal purposes and do not establish ownership, citing Shrikant R. Sankanwar v. Krishna Balu Naukudkar. Consequently, the writ petition was disposed of without granting any relief. The court noted that once the civil court determines ownership, the rightful owner may seek appropriate remedies against the respondents.
Issues considered
- Do mutation entries establish legal title to property?
- Whether the writ petition seeking relief on the basis of a 7/12 extract can be entertained pending the civil suit outcome?
Subjects
- land ownership
- mutation entry
- title of property
- civil suit
- writ petition
- property law
Judgment
Digitally
signed by
GAURI AMIT
GAURI GAEKWAD
29.WP-13338-2025.odt
AMIT Date:
GAEKWAD 2026.03.11
10:25:25
+0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.13338 OF 2025
Raghunath Pandurang Lote & Anr. ….Petitioners
Versus
Maharashtra State Electricity
Distribution Co. Ltd. & Ors. ….Respondents
----
Mr. Rajaram Lote, Petitioner No.2 present in person.
Mrs. M.P. Thakur, AGP for Respondent No.10.
----
CORAM : RAVINDRA V. GHUGE
&
ABHAY J. MANTRI, JJ.
DATE : 9th MARCH, 2026
P.C. :-
1. The Petitioners are already involved in litigation in
Civil Suit No.494 of 2023 before the Civil Court along with the
Defendants, with regard to the ownership of the land bearing Survey
No.121/2, Mouje Dawdi. The Plaintiffs claim that they are the
owners, whereas the Defendants also claim ownership. As on date,
there is no verdict. The Petitioners submit that they have a
7/12 extract in their favour.
2. Mutation entries are only for taxation and fiscal
purposes and do not establish the right or title of any person in the
property (Shrikant R. Sankanwar and Ors. v/s. Krishna Balu
Gauri Gaekwad 1 of 2
29.WP-13338-2025.odt
Naukudkar1).
3. In view of the above, this Petition is disposed off.
4. As and when the owner of the property is declared by
the Civil Court, the said owner would be at liberty to avail of a
remedy, if there is any grievance against Respondent No.1.
(ABHAY J. MANTRI, J.) (RAVINDRA V. GHUGE, J.)
1 2003 (3) BCR 45
Gauri Gaekwad 2 of 2
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