SSK/919 1 WP/5824.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5824 OF 2011 Vithal Ganesh Athawale ....Petitioner Versus Madhukar Vaman Athawale & Ors. ...Respondents Mr R. D. Suryawanshi, Advocate for the petitioner. Mr. R. M. Patne, AGP for the State. CORAM : RANJIT MORE, J. DATED : 24th August, 2011. P.C.: Heard Mr. Suryawanshi, Advocate for the petitioner and Mr. Patne, learned AGP for the State. 2. The petition pertains to recording of the mutation entry. The name of the petitioner was entered into the records of the right of suit property by mutation entry in question in view of the will executed by his brother’s widow. This was objected by the respondents by filing an appeal. The first appellate court, in view of the objection of the respondents, directed the petitioner to approach the civil court as the validity of the will cannot be gone into by the revenue authorities. This order was subsequently confirmed by the Additional Collector and the Divisional Commissioner. SSK/919 2 WP/5824.11 3. It is now a settled position of law that mutation entry does not create or extinguish rights of the party and the same is recorded only for fiscal purposes. The parties are always at liberty to approach the Civil Court to get their rights adjudicated. A reference can be made to the decision of the Apex Court in the matter of Balwant Singh & Another V/s. Daulat Singh reported in 1997(7) SCC 137. 2. In that view of the matter, I am not inclined to entertain the petition and interfere with the impugned order in writ jurisdiction of this Court under Article 227 of the Constitution of India. The writ petition is therefore dismissed. (RANJIT MORE, J.)