1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 3064 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 3064 OF 2011 *** 1. Heard Advocate Mr. Salunke for the Petitioner, Advocate Mr. Mahajan for Respondent No.3, learned A.G.P. S. K. Tambe for Respondent Nos.1 and 2. 2. Petitioner/ plaintiff has filed a suit challenging mutation entry, for declaration and in it issue No.1, as framed earlier, was whether that mutation entry No.190 taken on 15th October, 1982, was in relation to land Survey No.69/D not in existence. According to the petitioner/ plaintiff such land was not in existence. 3. Contending that issue cast a negative burden upon plaintiff, an application at Exhibit-195 was moved and it was pointed out to trial Court that defendant came up with a case that such survey number is in existence and hence burden was to be put upon him to 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 3064 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. show that said survey number was in existence. The proposed issue accordingly read "Do defendants prove that Survey No.69/D is in existence as alleged by them?". 4. After hearing parties, trial Court has re-cast original issiue No.1 and issu as recast reads: "Do the plaintiffs prove that while recording mutation entry No.190 dt. 15/10/1982 the revenue authority wrongly held existence of the land Sy.No.69/D of village Belwadi Tq. Lohara Dist. Osmanabad?". 5. According to learned counsel for petitioner, again the same negative burden continues. Advocate Mr. Mahajan states that there is no negative burden. 6. The challenge is to mutation entry and, therefore, burden is upon petitioner/ plaintiff to show that that mutation entry is incorrect. The issue as recast takes care of 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 3064 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. this angle. Merely because the defendant contends that survey No.69/D is in existence, that does not mean that burden to show incorrectness of mutation entry or then correctness of mutation entry is shifted on hi shoulder. 7. No case is made out. Writ petition is disposed of. [B.P.DHARMADHIKARI, J.] Dated:20/04/2011. ans/3064