Bombay High Court

DHARMA KRUSHNA PHANDversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: SIDDHESHWAR SUNDARRAO THOMBRE

Holding

Mutation entries are only for fiscal purposes and do not create title, so the order dismissing the revision stands.

Summary

The petitioner filed a writ petition challenging the order dated 04.04.2016 of the Secretary, Respondent No.1, which dismissed the petitioner's revision concerning a mutation entry. The petitioner argued that the dismissal was erroneous. The Court examined the nature of mutation entries and reiterated settled law that such entries are solely for fiscal purposes and do not confer any title to the property. Consequently, the Court found no basis to interfere with the Secretary's order. The petition was disposed, with a clarification that if a civil court later rules in the petitioner's favour, the necessary mutation entries should be made in his name.

Issues considered

Whether a mutation entry creates a title over the property or is merely a fiscal record
Whether the High Court can interfere with the order dismissing the revision concerning the mutation entry

Subjects

mutation entry
property title
fiscal purpose
writ petition
revision
High Court

Judgment

2026:BHC-AUG:1216


                                                    {1}                   wp4988-16.doc

                    drp
                           IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                      BENCH AT AURANGABAD

                                    WRIT PETITION NO.4988 OF 2016

                    Dharma Krushna Phand                                  PETITIONER

                          VERSUS

                    The State of Maharashtra and Others                RESPONDENTS

                                                   .......
                    Mrs. M. A. Kulkarni h/f Mr. A. M. Kulkarni, Advocate for Petitioner
                    Mr. D. R. Korde, AGP for Respondent - State
                                                    ....…

                                          [CORAM : SIDDHESHWAR S. THOMBRE, J.]

                                             DATE : 13th JANUARY, 2026

                    ORDER :

                          Heard learned counsel for the respective parties.


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

                    order dated 04.04.2016 passed by Respondent No.1, Secretary,

                    whereby the Revision filed by the Petitioner came to be

                    dismissed.


                    3.    Considering the averments made in the Petition and the

                    issue involved, as the proceedings arise out of mutation entry

                    and as it is settled law that mutation entries are only for fiscal

                    purposes and do not create any title over the property, I do not

                    find any reason to interfere in the order passed by Respondent
                                  {2}                   wp4988-16.doc

No.1.


4.      The Writ Petition is, therefore, disposed of.


5.      However, it is made clear that in case the Civil Court

decides the matter in favour of the Petitioner, necessary entries

be taken in the name of the Petitioner.




                                   [ SIDDHESHWAR S. THOMBRE ]
                                              JUDGE

drp/wp4988-16.doc

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