wp9483-10.doc 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9483 OF 2010 Mohan Balwant Rao & Ors .. Petitioners versus Ratnakar Vasant Chogle & Ors .. Respondents Mr.P.K.Dhakephalkar, Sr.Advocate a/w Mr.Kunal Cheema for the petitioners. Mr.S.R.Mishra for respondent No.1. Ms.P.S.Cardozo, A.G.P for respondent Nos.8 to 11. CORAM : S.C.DHARMADHIKARI, J. 14th JUNE 2011. P.C.: . This writ petition is directed against the order of Additional Commissioner, Konkan Division, dated 25th June 2010. 2 Mr.Dhakephalkar, learned senior counsel appearing for the petitioner has urged that the Mutation Entry No.231 should not have been deleted only because the heirs and successors of Mr.Balwant Rao cannot be brought on record as tenants of a agricultural land covered by Bombay Tenancy and Agricultural wp9483-10.doc 2 Lands Act, 1948. Even if the Bombay Tenancy and Agricultural Lands Act is not applicable, the question of physical possession of the successors in interest and heirs of Mr.Balwant Rao under the general law could be taken cognizance of and mutation entry is, therefore, justified. There was no need to remove it and that too by relying upon some communication which was never produced but straightaway considered during the course of passing the impugned order. For all these reasons, this is a fit case where the matter should be remanded or sent back for re- consideration. 3 After hearing Mr.Dhakephalkar at some length and perusing with his assistance the order of the Deputy Collector and that of the Additional Commissioner, Konkan Division, I am of the opinion that the dispute essentially is about the mutation entries. These entries by themselves do not decide any issue of right, title and interest in the immovable property. For that relief, parties are free to approach the competent Civil Court and seek appropriate declarations. The competent Civil Court is never bound by these orders and observations therein and it adjudicates the issue of wp9483-10.doc 3 title on the basis of oral and documentary evidence placed before it. I have no doubt in my mind that the competent Civil Court will adjudicate the issue of title without being influenced by any of these observations. With these clarifications, the writ petition is disposed off. No costs. (S.C.DHARMADHIKARI, J)