Bombay High Court

RAJKUMAR EKNATH SHINDE AND OTHERSversusGAJANAN NAMDEO SHINDE AND OTHERS

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

Mutation entries are only for fiscal purposes and do not confer any right or title; the civil court must decide the ownership dispute.

Summary

The petitioners sought relief concerning mutation entries in land records, alleging that the entries conferred ownership rights. The respondents contended that mutation entries are merely fiscal records and do not establish title. The High Court reiterated settled law that mutation entries serve only for revenue purposes and do not create any right or title in property. It held that any dispute over ownership must be adjudicated by a civil court, which can determine title on its merits. Consequently, the writ petition was dismissed, with the court directing the parties to approach the civil court for resolution.

Issues considered

Do mutation entries in revenue records create a right or title in the property?
Is the High Court competent to decide a dispute over property title based solely on mutation entries?

Subjects

mutation
property title
civil court jurisdiction
revenue law
writ petition

Judgment

2026:BHC-AUG:4015


                                                 1                    93-WP-3395-22.odt


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 BENCH AT AURANGABAD

                              WRIT PETITION NO. 3395 OF 2022

                             RAJKUMAR EKNATH SHINDE AND OTHERS
                                            VERSUS
                             GAJANAN NAMDEO SHINDE AND OTHERS
                                               ...
              Mr. Kiran M. Nagarkar, Advocate h/f Ms. Smita S. Kulkarni, Advocate
              for the Petitioner
              Mr. A. D. Wange, AGP for Respondent/State
              Mr. Devdatt P. Palodkar, Advocate for Respondent No.1
                                               ...

                                    CORAM : SIDDHESHWAR S. THOMBRE, J.
                                      DATE : 28th JANUARY, 2026

              PER COURT :

              1.          This matter pertains to the mutation entries.

              2.          It is settled law that mutation entries are only for -scal

              purposes and it does not create right and title in the property. It is

              for the Civil Court to decide the right and title in the property.

              3.          Writ petition is, therefore, disposed of. If the parties

              approach the Civil Court, the Civil Court shall decide the matter on

              it’s own merits without getting in1uenced by the order passed by

              revenue authority.



                                               (SIDDHESHWAR S. THOMBRE, J.)




              SVH

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