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Bombay High Court

MARUTI NAMDEO BAGALversusMANGAL RAJENDRA BAWKE AND OTHERS

Disposal
DISPOSED OFF

Holding

The writ petition is dismissed, with the Court directing that mutation entries be effected only after the final outcome of the pending First Appeal and that the status quo be maintained.

Summary

Petitioner Maruti Namdeo Bagal filed a writ petition challenging orders dated 20.08.2018 and 14.12.2018 issued by the Sub‑Divisional Officer, Shirdi and the Additional Collector, Ahmednagar respectively, which were based on a revenue mutation dated 30.11.2014. The High Court had earlier stayed the implementation of that mutation by an interim order dated 06.03.2019. Both parties informed the Court that a First Appeal concerning the same matter was pending before the Ad‑hoc District Judge, Rahata. The Court observed that mutation entries are merely fiscal and do not confer title, and that the inter‑se rights of the parties must be decided by the civil court hearing the appeal. Consequently, the writ petition was disposed, directing that the mutation entries be effected only after the final decision of the pending appeal and that the status quo be maintained in the meantime. The interim stay ordered on 06.03.2019 was upheld until the appeal is decided.

Issues considered

  • Whether the High Court can grant relief affecting revenue mutation entries when a civil appeal on the same dispute is pending
  • Whether the writ petition challenging the SDO and Additional Collector's orders should be dismissed

Subjects

  • mutation
  • revenue
  • inter se rights
  • civil appeal
  • status quo
  • writ petition
  • High Court
  • land revenue

Judgment

2026:BHC-AUG:1866
                                               1                        1004 WP 2917-2019.odt




                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                             1004 WRIT PETITION NO. 2917 OF 2019

                                  MARUTI NAMDEO BAGAL
                                         VERSUS
                            MANGAL RAJENDRA BAWKE AND OTHERS

                                                 …
             Mr. Majit S. Shaikh – Advocate for Petitioner
             Mr. A.S. Gandhi – Advocate for Respondent Nos.1 to 3
             Ms. M.L. Sangit – AGP for Respondent Nos.4 and 5
                                                 …

                                   CORAM           : SIDDHESHWAR S. THOMBRE, J.
                                   DATE            : 17.01.2026

             PER COURT :
             1.     Heard learned Counsel for the respective parties.


             2.     By way of the present petition, the petitioner challenges the order

             dated 20.08.2018 passed by the Sub Divisional Officer, Shirdi Division,

             Shirdi in R.T.S. Appeal No.181 of 2017 and order dated 14.12.2018

             passed by the Additional Collector, Ahmednagar in R.T.S. Appeal No.810

             of 2018.


             3.     While issuing notice, this Court by interim order dated 06.03.2019

             directed that the action in furtherance of the order dated 30.11.2014

             passed by the Sub-Divisional Officer, Shirdi, Dist. Ahmednagar, shall

             remain in abeyance.
                                     2                          1004 WP 2917-2019.odt


4.       Learned Counsel appearing for both sides submit that a First

Appeal arising out of the same proceedings is pending before the learned

Ad-hoc District Judge, Rahata, Dist. Ahmednagar.


5.       It is well settled that mutation entries are only fiscal in nature and

do not create any title. The inter se rights of the parties are to be

adjudicated by the competent Civil Court. Since the First Appeal between

the parties is pending, it would be appropriate to dispose of the present

proceedings with an observation that the necessary mutation entries shall

be effected subject to the final outcome of the said appeal.


6.       In the meanwhile, the parties shall maintain status quo with regard

to the mutation entries.


7.       The Writ Petition stands disposed of in above terms.


8.       Interim order dated 06.03.2019 stands continued till the decision

of the First Appeal.



                                            [ SIDDHESHWAR S. THOMBRE ]
                                                      JUDGE
Pooja Kale/


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