1 WP-7705.sxw ASN IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7705 OF 2010 Smt. B.K. Thakur and ors. ..Petitioners. Vs. Dy. Collector of Appeal and ors. ..Respondents. ...... Mr. S.M.Gorwadkar i/by Ganesh & Co. for the Petitioners. Mr.R.M. Patne, A.G.P. for the Respondent Nos. 1,2 and 5. ...... Coram : A.S.OKA, J. Date :13th October, 2010 PC: 1 Heard the learned counsel appearing for the petitioners. The orders impugned in this petition under Article 227 of the Constitution of India have been passed by the Authorities under the Maharashtra Land Revenue Code, 1966 in Mutation entry proceeding. By the very nature of the proceedings, the issue of title is not decided therein. Even a claim as an agricultural tenant cannot be determined in such a proceeding. If the petitioners are claiming tenancy, notwithstanding the impugned orders, they can always file appropriate proceeding 2 WP-7705.sxw under the provisions of the Bombay Tenancy & Agricultural Lands Act, 1948 for establishing their rights. The Authorities under the said Act of 1948 will have to decide the claim of tenancy independent of the findings recorded by the Authorities in the impugned orders. 2 The learned counsel appearing for the petitioners submitted that the petitioners are in possession and on the basis of the impugned orders, the petitioners may be dispossessed. It is for the petitioners to approach the Civil Court and apply for appropriate relief of prohibitory injunction. 3 Considering the scope of the proceeding in which the impugned orders were passed and subject to what is observed above, no case for interference is made out. Hence, Writ Petition is rejected. JUDGE