1 wp4497.sxw ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.4497 OF 2010 Smt.Hirabai Shaniwar Jadhav & Ors. ...Petitioners vs. Jairaj Devidas & Ors. ...Respondents Mr.P.K.Dhakephalkar i/b Mr.Sangramsingh Yadav for the petitioners Mr.S.G.Karandikar for the respondent Nos.1 to 5 and 7 to 10. Mr.S.D.Rayrikar, A.G.P for respondent no.14 CORAM :A.S.OKA,J. DATE : NOVEMBER 15,2010 P.C. 1 Heard the learned senior counsel for the petitioners and the learned counsel for the respondent Nos.1 t 5 and 7 to 9. The orders impugned have been passed in mutation entry proceedings under the Maharashtra Land Revenue Code,1966. By order dated 9th January 2007, the Deputy Collector (appeals) has set aside the mutation entries on the ground that the same were recorded by ignoring the fact that the order under section 32-G of the Bombay Tenancy and Agricultural Lands Act,1948 passed in favour of one Somwarya Kolya Jadhav was set aside in appeal. After setting aside the mutation entries, an order of remand has been passed by the Deputy Collector with a direction to the Tahsildar to hold a fresh enquiry. The said order of remand has been confirmed by the impugned orders. 2 Apart from the fact that re-enquiry has been ordered under the impugned order, a civil suit between the 2 wp4497.sxw parties is pending. The law is well settled. Independent of the findings recorded by the authorities under the Maharashtra Land Revenue Code,1966 in mutation entry proceedings, the Civil Court can always decide the issue of title and that any finding recorded by the authorities under the said Code will not bind the Civil Court as far as issue of title is concerned. 3 Subject to what is observed above, writ petition is rejected. JUDGE