1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO. 8887 OF 2009 Bhaurao Rajaram Jadhav & Ors. ...Petitioners Vs. Smt. Phulyabai Dinkar Kurne & Ors. ...Respondents Mr.Sachan Chavan, Advocate for the Petitioners Mr.P.D.Patil, Advocate for the Respondent No.1 Mr. S.N.Bhosale, A.G.P for Respondents 7 & 9 CORAM : SMT.ROSHAN DALVI, J. DATED : 15TH FEBRUARY, 2010 P.C. : 1. Rule. Rule returnable forthwith. 2. The dispute between the parties relates to the right of way. The Respondents made an application in 1997 being Vahivat Case No.2/1997 for exercising the right of way. That application stated that the right of way which was claimed was 15ft in width over South side of Gat Nos.737A and 732B. The injunction order came to be passed against the Petitioners restraining them from obstructing the right of way in 1997. Thereafter, a mutation entry came to be made in 1997 itself showing the right of way over Gat Nos.732A ,733, 734, 736, 737, 676, 677 and 732B. This is not challenged. 2 3. In 2004 a further mutation entry came to be made showing the right of way over 15ft width X 1500 ft. length for the right of way. The Petitioners were not heard when the mutation entry was made. That came to be challenged by the Petitioners before the S.D.O. The mutation entry was not altered. A Revision was filed by the Petitioners before the Additional Commissioner, Nashik which is not allowed. 4. The Talathi is required to hear the parties in ownership of the property as a mutation entry would amount to divesting that part of their ownership rights. Consequently, the orders of the S.D.O as well as the Additional Commissioner, Nashik impugned in this Petition are set aside. The relevant Talathi shall hear the Petitioners with regard to making a mutation entry showing the extent of the right of way. It is clarified that the order in Vahivat Application No.2/1997 passed on 29th November 1997 and the mutation entry dated 26th December 1997 have not been challenged and have been accepted by the Petitioners. Hence the Petitioners shall be heard only with regard to the extent of the right of way which is required to be carved out of the property of the Petitioners. The Petitioners shall make an application/representation before the Talathi within 2 weeks from today. The Respondents shall be given notice of the application to be made by the Petitioners. The Talathi shall hear the parties and then pass a fresh mutation entry within 8 weeks from today. 5. The Petition is accordingly granted and rule is made absolute. (SMT.ROSHAN DALVI, J.)