Bombay High Court
SUNIL JAYKISAN TOTALA AND ANOTHERversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
Mutation entries are fiscal records that do not determine property rights, and the pending civil appeal must decide the parties' rights, leading to dismissal of the writ petition.
Summary
The petitioners Sunil Jaykisan Totala and another filed a writ petition challenging mutation entries related to their property. The respondents, including the State of Maharashtra, argued that mutation entries are merely fiscal records and do not determine ownership rights. The petitioner's counsel highlighted that a regular civil appeal (No. 53 of 2024) concerning the same dispute is pending before the District Court, Jalgaon. The Court observed that rights to the property must be adjudicated by the competent civil court and that mutation entries are subject to the outcome of the pending appeal. Consequently, the Court disposed of the writ petition, directing that the matter be resolved through the civil appeal.
Issues considered
- Do mutation entries confer any right, title or interest in property?
- Is a writ petition challenging mutation entries maintainable when a regular civil appeal on the same matter is pending?
Subjects
- mutation entry
- civil appeal
- writ petition
- property rights
- fiscal record
Judgment
2026:BHC-AUG:33771
1 of 2 71-WP.8813.2017 (modified-2)
This order is modified as per speaking to the minutes of order dated 04.08.2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
71 WRIT PETITION NO. 8813 OF 2017
SUNIL JAYKISAN TOTALA AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Mr. Vijay B. Patil, Advocate for the Petitioners.
Mr. D. R. Korde, AGP for Respondent-State.
Mr. Pushkar S. Shendurnikar, Advocate for Respondent Nos.6, 7 and 8.
...
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 9th MARCH 2026
P.C.:-
1. After hearing the matter for some time, Mr. Patil, learned
Advocate for the Petitioners submits that Regular Civil Appeal No.53 of
2024 is presently pending before the District Court, Jalgaon. He further
submits that the present proceedings arise out of mutation entries and
it is well settled that mutation entries are maintained only for fiscal
purposes and do not confer or determine any right, title or interest in
the property. The rights of the parties are required to be adjudicated by
the competent Civil Court.
2. He therefore submits that since the appeal is pending before
the District Court, Jalgaon, appropriate orders may be passed.
3. The mutation entries shall be subject to the outcome of
Tauseef
2 of 2 71-WP.8813.2017 (modified-2)
Regular Civil Appeal No.53 of 2024 pending before the District Court,
Jalgaon.
4. In view of the above, the present petition is disposed of.
(SIDDHESHWAR S. THOMBRE, J.)
Tauseef
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