19.07wp.2499.11.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 2499 /2011 (Krushna Upasrao Bondre and others vs. Gajanan Vitthal @Vithoba Bondre and others ) ............................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ............................................................................................................................................................... CORAM : R.M.SAVANT, J. DATED : 19th July, 2011. Heard Mr A R Ingole, learned counsel for the petitioner; Smt. I P Khisti, for respondent nos. 1 to 6 and Mr P V. Bhoyar, learned Assistant Government Pleader for respondents 7 to 12. The above petition takes exception to the order dated 7th May, 2011 passed by the Additional Commissioner, Nagpur by which order, the revision application filed by the petitioner under section 257 of the Maharashtra Land Revenue Code ( “the Code” for short) came to be dismissed. The petitioners and the respondents are claiming through one common ancestor one Bhaduji Bondre. The dispute is regarding mutation in respect of land admeasuring 4A bearing Survey No. 375 of village Gumthala Tq & Dist. Nagpur. It is the case of the petitioners that a partition deed was executed on 6.1.1965 on the basis of which the house property went to the share of the respondent's father which is situated in the area of Nagpur Municipal Corporation, whereas the aforesaid land in question has come to share of the petitioner's father. The mutation entry in respect of the said land in question was jointly in the name of the petitioner's father as well as father of respondents 1 to 6. After the death of respondent's father, the respondents 1 to 6 were brought on 19.07wp.2499.11.odt 2 record in the 7/12 extract which entry came to be challenged by the petitioners by filing an appeal before the Sub-Divisional Officer. The said Appeal came to be allowed by the Sub- Divisional Officer dated 5.8.2009. The respondents 1 to 6 filed an appeal before the Addl. Collector. The Addl. Collector by his order dated 27.11.2009 allowed the appeal and set aside the order passed by the SDO. The petitioners aggrieved by the said order dated 27.11.2009 passed by the Addl. Collector filed revision before the State Government under section 247 of the Code. The said Revision came to be dismissed by the Addl. Commissioner by the impugned order dated 7.5.2011. The Addl. Commissioner held that since the partition deed dated 1.6.1965 is being questioned by the respondents 1 to 6 and since they have already filed a suit being Special Civil Suit No.779/2009 it would be in the said proceedings that the title to the said land in question, would be decided. The Revisional authority held that though the partition deed was executed in the year 1965 the petitioners herein had not bothered to get their names mutated till the death of the father of the respondents 1 to 6 and it is only after the name of respondents 1 to 6 as heirs were mutated, that the petitioners had resorted to the remedies provided under the Code. It is well settled by catena of judgments of this Court as well as the Apex Court that the entries in the revenue record are only for fiscal purposes and do not confer any title or ownership to the property in question. Hence, it is in the said suit filed by the respondents 1 to 6 that the title to the property in question would be decided. In that view of the matter, the reasoning of the Additional Commissioner that the status quo prior to the entries effected in the name of the petitioners herein would have to be maintained, subject to the result of said suit, cannot be faulted with. No case for interference is, therefore, made out. Writ 19.07wp.2499.11.odt 3 Petition is accordingly dismissed. Needless to say that the Special Civil Suit No.779/2009 would be tried on its own merits and in accordance with law, uninfluenced by the observations made in the instant order. JUDGE sahare