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Bombay High Court

JAGDISH BALKRISHNA SHELAR AND ANRversusTHE STATE OF MAHARASHTRA THR. REVENUE DEPARTMENT AND ORS

Decided
Disposal
Disposed Off

Holding

The order condoning the 45‑year delay in challenging the mutation entry is quashed and set aside.

Summary

The petitioners challenged a Sub‑Divisional Officer's order that condoned a 45‑year delay in contesting Mutation Entry No. 1387. They argued that the original applicant had known of the entry since 1993 and only sought rectification in 2022, making the condonation unjustified. The respondents contended that the mutation entry, made for fiscal purposes, did not affect the petitioner's substantive property rights and that any dispute should be resolved in a civil court. The Court held that the mutation entry could not be used to alter ownership rights and that the extreme delay could not be condoned. Consequently, the order condoning the delay was quashed, and the parties were directed to pursue appropriate civil remedies; the writ petition was disposed of.

Issues considered

  • Whether a delay of 45 years in challenging a mutation entry can be condoned.
  • Whether a mutation entry affects substantive property rights of the parties.
  • What is the appropriate forum for adjudicating disputes arising from mutation entries?

Subjects

  • mutation entry
  • delay condonation
  • property rights
  • civil remedy
  • partition deed
  • revenue law
  • writ petition
  • quash order

Judgment

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION

                       WRIT PETITION NO.16877 OF 2024


Jagdish Balkrishna Shelar & Anr.        .... Petitioners

          Vs.

The State of Maharashtra          .. Respondents
through Revenue Department & Ors.

Mr. Bhushan Walimbe a/w Mr. Mayank Tripathi for Petitioner.
Smt. A.A. Nadkarni, AGP for State.
Ms. Kinjal Gogri i/b Mr. Piyush Shah for Respondent nos. 5 to 8.
Mr. Afsar Ansari i/b Mr. Vishal Patil for Respondents nos. 11 and 12.

                                  CORAM : ARUN R. PEDNEKER, J.
                                  DATE   : 6th August 2026

P.C. :


1.       Heard learned Counsel for the parties.

2.       By the present Writ Petition, the Petitioners are challenging the order

dated 20th January 2023 passed by the Sub-Divisional Officer, Wada, Wada

Division, condoning the delay of 45 years in challenging Mutation Entry No.

1387.

3.       Learned counsel for the Petitioners submits that the delay has been

condoned bereft of any reasons, merely observing that the dispute is between

the brothers. However, learned counsel points out that the Respondent-

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53 WP 16877.2024.doc                                                   Dusane
original Applicant before the Sub-Divisional Officer was fully aware of the

mutation entry. This is evident from his own communication dated 17 th

November 2023 addressed to the Hon’ble Minister, wherein he has stated

that he was aware of the mutation entry having been made sometime in the

year 1993 and had called upon the Tahsildar to rectify the same. Since the

same was not done, an application was made at this stage, i.e. in the year

2022.

4.      Learned counsel submits that, in view of the admitted facts of the

case, such a gross delay ought not to have been condoned.

5.      Per contra, learned counsel for the Respondents submits that there has

been no partition of the suit property and that, after obtaining certain orders

from this Court, the Petitioner has also disposed of his properties in favour

of third parties. Learned counsel further submits that, pursuant to a partition

effected between the family members, the suit property in question was

received by him under the Partition Deed. However, without any transfer of

the said property by Respondent No. 3 in favour of the Petitioner, the same

came to be mutated in the name of the Petitioner, and there was no transfer

from Respondent No. 3 to the Petitioner.

6.      He submits that his substantial property rights in the suit property are

affected and, therefore, he has applied for rectification of Mutation Entry

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                      No. 1387.

                      7.     Considering that the mutation entry has remained in existence for a

                      period of 45 years and that Respondent No. 3 was aware of the same at least

                      for about 30 years, this Court is of the view that the delay ought not to have

                      been condoned. However, his rights in the property cannot be affected by

                      virtue of the mutation entry, as mutation entries are made only for fiscal

                      purposes.

                      8.     Respondent No. 3 is at liberty to seek such appropriate remedy before

                      the Civil Court. Any mutation entry made in respect of the properties would

                      ultimately be subject to the outcome of any civil proceedings that may be

                      instituted between the parties. The rights in respect of the property can only

                      be decided by the Civil Court.

                      9.     In view of the above, the order condoning the delay is quashed and set

                      aside. The parties are at liberty to seek appropriate civil remedies before the

                      appropriate Civil Court.

                      10.    All mutation entries made shall be subject to any such civil

                      proceedings, if initiated by the parties. All contentions of both sides are left

                      open, if any such civil proceedings are filed.

BHALCHANDRA
                      11.    The Writ Petition is disposed of.
GOPAL DUSANE

Digitally signed by
BHALCHANDRA
                                                                       [ ARUN R. PEDNEKER, J. ]
GOPAL DUSANE
Date: 2026.08.11
17:51:03 +0530

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