Bombay High Court

BABAN MOTIRAM PAWARversusTHE STATE OF MAHARASHTRA THR. DIVISIONAL COMMISSIONER DEPARTMENT OF REVENUE AND ORS

Decided: 28 August 2026
Disposal: Disposed Off

Holding

All mutation entries are subject to a civil determination of rights between the parties.

Summary

Petitioner Baban Motiram Pawar filed a writ petition challenging the mutation of a property. The Court noted that mutation entries are governed by the outcome of a civil suit determining the parties' rights. It reiterated settled law that mutation can be rectified only after the civil court decides the matter. Consequently, if the petitioner succeeds in the civil suit, he may apply for rectification of the mutation entry. The Court therefore disposed of the writ petition without further order.

Issues considered

Whether mutation entries can be altered before a civil determination of rights between the parties.

Subjects

mutation
land records
rectification
civil suit
writ petition
high court

Judgment

                                                     27-WP-16895-2025.DOC




         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION
                 WRIT PETITION NO.16895 OF 2025


Baban Motiram Pawar                         …Petitioner
 Versus
The State of Maharashtra Thr. Divisional …Respondents
Commissioner Department Of Revenue And Ors.


Adv. Siddharth R. Ghodke i/b Narayan G. Rokade, for the
Petitioner.



                        CORAM:       ARUN R. PEDNEKER
                        DATED :      28th August 2026
PC:-


1.      Mr. Ghodke, learned Counsel appearing for the Petitioner

submits that, qua the subject property, Civil Suit is filed to

determine the rights between the parties.


2.      It is settled law that all mutation entries are subject to a civil

determination of rights between the parties. In the event, the

Petitioner succeds before the Civil Court, he would be at liberty to

apply for rectification of mutation entries and if such an

application is filed, at an appropriate stage, the concerned

authority would decide the same in accordance with law.




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                                              27-WP-16895-2025.DOC




3.      Considering the above observations, the Writ Petition is

disposed of.



                                        [ARUN R. PEDNEKER, J.]




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