Bombay High Court
PRALHAD NARAYANRAO NAIKversusADDITIONAL DIVISIONAL COMMISSIONER AURANGABAD AND OTHERS
- Disposal
- DISPOSED OFF
Holding
Mutation entries shall remain subject to the outcome of the appeals pending before the District Court.
Summary
The petitioner, Pralhad Narayanrao Naik, filed a writ petition challenging mutation entries in revenue records. The petitioner submitted a decree in his favor from a Civil Judge, Junior Division, Hingoli, while the respondents presented a dismissal order from another judge in a related suit. Both orders are under appeal before the District Court. The High Court noted that revenue entries are for fiscal purposes only and do not confer any right, title, or interest, which must be determined by a competent civil court. Consequently, the Court held that the mutation entries must remain pending and be decided based on the outcome of the appeals before the District Court. The writ petition was therefore disposed of.
Issues considered
- What is the effect of pending appellate decisions on mutation entries in revenue records?
Subjects
- mutation entries
- revenue records
- civil suit
- appellate jurisdiction
- writ petition
- high court
Judgment
2026:BHC-AUG:11982
Dilwale 1 38-wp-522 OF 2017.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
38 WRIT PETITION NO. 522 OF 2017
Pralhad Narayanrao Naik
VERSUS
Additional Divisional Commissioner Aurangabad And Others
...
Advocate for the Petitioner : Mr. Shinde Dhananjay M.
AGP for Respondents: Mr. D. R. Korde
Advocate for Respondent No.3 : Mr. P. V. Naik
...
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 18.03.2026
PER COURT :
1. Heard the learned counsel for the respective parties.
2. After hearing the matter for some time, Mr. D. M. Shinde, learned
counsel for the petitioner, tenders on record an order dated 31.01.2025
passed by the Civil Judge, Junior Division, Hingoli in R.C.S. No.146 of
2018, whereby the suit filed by the petitioner came to be decreed.
3. Mr. P. N. Naik, learned counsel for the respondents, also tenders on
record an order dated 14.01.2025 passed by the 2nd Joint Civil Judge,
Junior Division, Hingoli in R.C.S. No.94 of 2016, whereby the said suit
came to be dismissed.
4. Both the learned counsel submit that the aforesaid orders are
challenged in appeals and the same are pending before the District Court.
5. The present proceedings relate to mutation entries. It is well settled
Dilwale 2 38-wp-522 OF 2017.odt
that revenue entries are maintained only for fiscal purposes and do not
confer any right, title or interest. The question of right and title is
required to be adjudicated by the competent Civil Court.
6. In view of the above, since the appeals arising out of the aforesaid
orders are pending, it would be appropriate to observe that the mutation
entries shall be subject to the outcome of the said appeals pending before
the District Court.
7. The Writ Petition is accordingly disposed of.
[ SIDDHESHWAR S. THOMBRE ]
JUDGE
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