3-wp-5570-10.doc jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5570 OF 2010 Rameshchandra Badriprasad Khandelwal ..Petitioner Vs. Ghanshyam Dwarkaprasad Khandelwal ..Respondent Shri. S.R.Singh i/b Dr. Shah Advocate for petitioner Shri. Bharat Joshi i/b Vijay Khandelwal Advocate for respondent CORAM : S.C.DHARMADHIKARI, J. DATE : 26th JULY, 2011. P.C.: 1. Heard both sides. It is reported that no settlement is possible and therefore, with consent of parties, the petition is taken up for admission. 2. The order under challenge is passed by the President of Maharashtra Land Revenue Tribunal dated 11th January, 2010 and by the Collector, Mumbai City dated 2nd February, 2007 in Appeal No. 1 of 2006. 3. Mr. Singh appearing on behalf of the petitioner submits that the Collector had earlier passed an order. That order was reviewed by another Collector who took over. The powers under Section 258 of the Maharashtra Land Revenue Code, 1966 can be exercised only subject to fulfillment of 1 3-wp-5570-10.doc conditions that are prescribed therein. If the Collector could not have undertaken this exercise unless these conditions are complied with, then, on this ground alone, the order dated 2nd February, 2007 is required to be set aside. The Tribunal committed error in holding that the exercise undertaken by the Collector while passing the order dated 2nd February, 2007 is not exercise of powers under Section 258 of the Maharashtra Land Revenue Code, 1966 but passing a clarificatory order so as to remove any ambiguity in the predecessor’s order dated 4th November, 2004. 4. Assuming that this Court goes into all these pleas and considers the ambit and scope of the powers under Section 258 of the Maharashtra Land Revenue Code, 1966, the petitioner’s case cannot be taken any further. Ultimately, the dispute is with regard to the right, title and interest of parties to this petition in a certain immovable property. That dispute is pending in a Civil Court. The Civil Court is not going to be influenced by the exercise undertaken by the revenue authorities because the issue will be adjudicated in the light of the oral and documentary evidence that is placed by the parties. The powers that are exercised by the authorities under the Maharashtra Land Revenue Code, 1966 enable the Government to levy, 2 3-wp-5570-10.doc assess and recover the land revenue and it is for that limited purpose, the mutation entries are made. By themselves they do not decide the issue of right, title and interest of the parties in immovable properties. Therefore, as and when the Civil Court adjudicates and decides upon these rights, the revenue authorities will have to abide the said adjudication and declaration. There is no prejudice caused to the petitioner by insertion of certain entries particularly, in the light of the clarification that is issued above. 5. As a result of above discussion, this writ petition fails and is dismissed subject to above clarification. [ S.C. DHARMADHIKARI, J. ] 3