wp.6760-09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6760 OF 2009 Shri Madhukar Haribhau Girme and 2 others. ..Petitioners. Versus The Tahsildar, Tal.Malshiras, Dist.Solapur and 3 others. ..Respondents. .... Mr.Vivek Salunkhe, Advocate i/b. P.B. Shah, Advocate for the petitioners. Mr.V.S. Masurkar, Govt. Pleader, for respondent Nos.1,3 & 4. .... CORAM : F.I. REBELLO, AND K.K. TATED, JJ. DATED : 27TH NOVEMBER, 2009 P.C. (Per K.K.TATED,J.) :­ 1. Rule. Rule made returnable forthwith. Heard finally by consent of the parties. 2. By this Petition under Articles 226 & 227 of Constitution of India, the petitioners are seeking direction against respondent No.3 the Circle Officer, Akluj, Taluka ­ Malshiras, District ­ Solapur to approve and immediately wp.6760-09 2 effect mutation entry in favour of the petitioners in the revenue record as per the consent terms dated 22nd April, 2008 passed by this Court. 3. It is the case of the petitioners that the petitioners purchased the suit property as per the consent terms dated 22nd April, 2008 passed by this Court in Civil Revision Application and paid valuable consideration to the landlord. Thereafter the petitioners approached the revenue authorities for carrying out appropriate entries in the revenue record. Respondent Nos.1 & 2 i.e. Tahsildar and Talathi made necessary changes in the revenue record. In the similar way, the petitioners approached respondent No.3 i.e. the Circle Officer to make necessary changes in the revenue record in respect of the suit property in favour of the petitioners. Inspite of several requests, respondent No.3 failed and neglected to do the same and, therefore, the petitioners preferred the present Writ Petition under Articles 226 & 227 of Constitution of India for direction to respondent No.3 to give effect to the mutation entry in favour of the petitioners in the revenue record. wp.6760-09 3 4. It is clear from the record that as per the consent terms dated 22nd April, 2008, the petitioner paid valuable consideration to the landlord and thereafter approached the respondent authorities for carrying out appropriate entries in the revenue record. At the petitioner's request, respondent Nos.1 & 2 made appropriate entries in the revenue records and also issued extract of mutation entry Nos.6100, 6098 & 6099 dated 2nd May, 2009. Though the petitioner approached respondent No.3 for several times, he failed and neglected to give final approval to the mutation entry in favour of the petitioners in the revenue record. 5. From the records and proceedings, it is clear that the respondent No.3 failed to perform his duty according to law. Considering the facts of the present case, we hereby direct respondent No.3 i.e. the Circle Officer of Akluj, Taluka ­ Malshiras, District ­ Solapur to approve and give effect to the mutation entry in favour of the petitioners in revenue record as per order dated 22nd April, 2008 passed by this Court in Civil Revision Application and as per the wp.6760-09 4 documents No.12, 13, 14 of 2009 of Index II dated 2nd January, 2009 of Sub­Registrar, Akluj within three weeks from receipt of the true copy of this order. Rule is made absolute in terms of prayer clause (b) which reads as under : "b) By a suitable writ, order or direction, this Hon'ble Court be pleased to direct the Respondent No.3 ­ Circle Officer of Akluj, Tal Malshiras, District Solapur, to approve and immediately effect mutation entry in favour of the petitioners in the revenue records as per the consent terms entered into and directions passed by this Hon'ble Court vide order dated 22.04.2008 and as per document No.12,13,14 of 2009 of Index II dated 02.01.2009 of Sub­Registrar, Akluj." 6. Writ Petition is disposed of accordingly. No order as to costs. (F.I.REBELLO,J) (K.K. TATED,J)