1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 6563 OF 2008 Roopchand s/o Deepchand Khairnar age 72 years, occ. agricultural & pensioner r/o Dhamnar, Tq. Sakri Dist. Dhule .. PETITIONER VERSUS 1 Theh Additional Commissioner, Nashik Division Nashik 2 Additional Commissoiner Dhule, Dist. Dhule 3 Sub Divisional Officer Dhule Sub Division Dhule 4 Tahsildar Sakri Tq. Sakri Dist. Dhule 5 Tanaji Deepchand Khairnar age 63 years, occ. agriculture (retired) residing at 63/1-2, Plot no. 1 Ground Floor, Mahadeo Vihar Pune Satara Road, Pune 9. .. RESPONDENTS Mr. V.D. Hon, Advocate for the petitioner. Mr. S.P. Shah, Advocate for respondent no.5. ===== 2 CORAM : R. M. BORDE, J. DATE : 12 th November, 2009 ORAL JUDGMENT : 1 Heard. 2 Rule. With the consent of the parties, the matter is taken up for final disposal at admission stage. 3 The Divisional Commissioner, Nasik Division, Nasik has directed the Collector, Dhule to take review of the order passed by the Tahsildar on 4-4-2008, in exercise of powers under section 257 of the Maharashtra Land Revenue Code and, after extending opportunity of hearing both the parties, it is directed to decide the issue within three months from the date of the order. The Collector, in turn, has directed the Sub-Divisional Officer, in view of communication annexed at exh. H, to hear the parties and decide the issue within three months. Orders passed at exh. G issued by the Commissioner as well as communication by the Collector exh. H are subject matter of challenge in this petition. 4 Dispute pertains to recording of revenue entry bearing no. 1179 recorded on 21-5-1992. There is dispute between the parties in respect of 3 partition of the ancestral property. While confirming the revenue entries, it is directed by the Tahsildar to the parties to approach the civil court and get their rights decided. Obviously, therefore, the entries recorded by the revenue authority would be subject to final outcome of the civil litigation between the parties. It is also brought to my notice that Regular Civil Suit no. 13/2008 is presented at Sakri court and is pending for final disposal. Plaintiff in the said suit has claimed decree of partition of the ancestral property. Rights, title and entitlement of the parties to the subject property would be considered by the civil court in pending civil litigation. Revenue entries recorded by the revenue authority would be subject to final outcome of civil dispute pending between the parties. In these circumstances, no further enquiry is warranted in respect of the revenue entries already recorded. Writ petition is therefore allowed. Order passed by the Commissioner, Nasik Division, Nasik on 23-6-2008 as well as consequential order passed by the Collector, copy of which is annexed at exh. H, are quashed and set aside. Rule is accordingly made absolute. In the facts and circumstances of the case, there shall be no order as to costs. ( R. M. BORDE, J.) dyb/office/wp6563.08.odt