1 wp8232.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 8232 OF 2010 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. Z.I. Kazi holding for Mr. Y.M. Khan, Advocate for the petitioner. CORAM : B.P. DHARMADHIKARI, J. DATE : 13TH APRIL, 2011 Heard Mr. Kazi for petitioner. Challenge to mutation entries has been rejected after holding that earlier mutation entries were not assailed at all. Those mutation entries are numbered as mutation entry no. 5138 dated 09.01.1962. It is also noted that in view of the provisions of Bombay Village Labour and Inferior Vatan Abolition Act, 1958, necessary entires abolishing grants were taken on 28.04.1962 and thereafter there was re-grant. Mutation entry no. 5138 was then taken because of that re-grant. These mutation and proceedings were not questioned by the petitioners at any point of time. 2. It is apparent, unless and until these earlier 2 wp8232.10 proceedings are questioned, the later consequential orders could not have been independently challenged by the petitioners. Therefore, there is no jurisdictional error or perversity. 3. It is apparent that after the petitioners have got any grievance in relation to earlier proceedings or then these orders, they have to file civil suit before competent forum for redressal thereof. If such civil suit is filed these mutation entries and observations made by Revenue Authorities are not binding upon the Civil Court and Civil Court has to record its own findings after considering the evidence produced before it. 4. Hence, with liberty to petitioners to file appropriate proceedings before the Civil Court, the present Writ Petition is rejected. No costs. (B.P. DHARMADHIKARI) JUDGE gas/wp 8232.10