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Bombay High Court

A. K. ENTERPRISES THRU PARTNERversusDEPUTY SUPERINTENDENT OF LAND RECORD PANVEL AND ORS

Decided
Disposal
Allowed

Holding

The Court held that the revenue authority must complete the subdivision assessment and mutation within six weeks, and the petitioner cannot be forced to pay the charges again.

Summary

The petitioner, A.K. Enterprises, filed a writ petition under Article 226 seeking a mandamus directing the Deputy Superintendent of Land Records to prepare and sanction a subdivision assessment record and to update the revenue record for its unacquired property. The petitioner had paid the required survey and mutation charges twice because CIDCO raised an objection, which stalled the process. The respondents argued that the objection by CIDCO prevented the revenue work from proceeding. The Court held that the petitioner should not be compelled to pay the same charges again and that the revenue authority must complete the pending work despite CIDCO's objection. Accordingly, the Court directed the revenue officer to finish the assessment and mutation within six weeks of the order. The petition was allowed.

Issues considered

  • Whether the revenue authority is obligated to complete the subdivision assessment and mutation despite an objection raised by CIDCO.
  • Whether the petitioner can be required to pay the survey and mutation charges a second time for the same cause of action.

Legislation cited

Subjects

  • mandamus
  • Article 226
  • land revenue
  • subdivision assessment
  • mutation
  • CIDCO objection
  • double payment

Judgment

KSG                                                            23-Wp-6910-2026.doc



            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION

                 CIVIL WRIT PETITION NO. 6910 OF 2026

A. K. Enterprises                             … Petitioner
       V/s.
Deputy Superintendent of Land Record
Panvel & Ors.                                 … Respondents
                 _______________________________________

Mr. Sugandh Deshmukh a/w Mr. Vaibhav Thorave for the Petitioner.
Mr. P.P. Kakade, Addl.G.P., a/w Ms. P.B. Chavan, A.G.P. for Respondent-State.
Mr. Soham Bhalerao i/b DSK Legal for the Respondent No.2-CIDCO.
Mr. Anand Kulkarni for the Respondent No.3.
                 _______________________________________

                         CORAM : A. S. GADKARI AND
                                 KAMAL KHATA, JJ.
                         DATE  : 10th September 2026

P.C. :

1)          By this Petition under Article 226 of the Constitution of India,

the Petitioner is seeking a writ of mandamus or any other appropriate

directions under Article 226 of Constitution of India, directing the

Respondent No.1 to forthwith prepare and sanction sub division assessment

record (Akarphod Patrak) and to make necessary changes in the revenue

record in respect of Petitioners unacquired property more specifically

described in the pleadings and prayer clause (A) of the Petition.

2)          Mr. Deshmukh, submitted that, for conducting survey, for

preparing the necessary plans and effecting mutation entries in the record as

contemplated under the Maharashtra Land Revenue Code, the Petitioner has

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                      KSG                                                             23-Wp-6910-2026.doc



                      paid the charges twice to the Respondent No.1, because the CIDCO had

                      raised an objection. Despite that till today the procedure is not completed.

                      3)           Ms. Chavan, learned A.G.P. submitted that, after the Petitioner

                      filed the Application for carrying out survey in the property and for effecting

                      necessary changes in the revenue record, the Respondent No.2-CIDCO raised

                      an objection and therefore it could not be carried out till today.

                      4)           We may note here that, calling upon the Petitioner to pay the

                      concerned charges repeatedly for the same cause cannot be countenanced. If

                      the CIDCO has raised the objection, once again, the Revenue Authorities

                      ought to have called upon CIDCO to pay the said charges as the objection

                      was raised by it. The Petitioner ought not to have been saddled with the

                      payment of charges for the same cause of action.

                      5)           Be that as it may, taking into consideration the fact that, the

                      Petitioner has already deposited all the necessary legal charges with the

                      concerned Department for measurement of the land and for effecting

                      necessary mutation entries in the revenue record, we direct the Respondent

                      No.1 to complete the said procedure within a period of six weeks from the

                      date of uploading of present Order on the official website of High Court of

                      Bombay.

                      6)           Petition is allowed in the aforesaid terms.




                            ( KAMAL KHATA, J. )                    ( A.S. GADKARI, J. )
         Digitally
         signed by
         KIRAN
KIRAN    SANJAY                                                                                        2/2
SANJAY   GHUGE
         Date:
GHUGE    2026.09.17
         11:29:53
         +0530


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