Narayan Laxman Patil vs M/S Gala Construction Co.P.Ltd.& Ors

3) Brief facts:

(b) On 12.09.1986, the appellant herein moved an application before the Tehsildar, Borivali that since he and 6 other persons were cultivating paddy and were in possession of the suit land for the last 15-20 years, their names be entered into the “other rights” column of the 7/12 extract in respect of 11 acres of land out of Survey No. 221 of Village Eksar.

(c) Notice of the said application was issued to the landlord- Kamlakar Narayan Samant. On 06.03.1987, Mutation Entry No. 4601 was made recording the name of the appellant herein along with six other persons in “other rights” column of the Record of Rights mentioning that the notice of the said application was duly served upon the original owner but no objection received.

(h) Aggrieved by the order dated 30.12.2000, the appellant challenged the same by way of appeal being No. C/RTS/A-3/2001 before the Deputy Collector (Appeals), Mumbai Suburban District which got dismissed by judgment and order dated 31.07.2001.

The appellant herein moved an application before the Tehsildar, Borivali that since he and 6 other persons were cultivating paddy and were in possession of the suit land for the last 15-20 years, their names be entered into the “other rights” column of the 7/12 extract in respect of 11 acres of land out of Survey No. 221 of Village Eksar. Due notices were said to be served to the landlord- Kamlakar Narayan Samant and on 06.03.1987, Mutation Entry No. 4601 was made recording the name of the appellant herein along with six other persons in “other rights” column of the Record of Rights.

15) The Tehsildar, Borivali, failed to appreciate that while seeking to enter the name of the appellant in ‘Record of Rights’ and granting such request, the appellant had not spelt out his status or claim or his capacity in which he sought to get his name entered and while entering their names in the relevant column, the provisions of Maharashtra Land Revenue Code and the Rules were ignored.

13) Vide Mutation Entry being No. 4601 dated 06.03.1987, the name of the present appellant along with six other persons was entered in the “other rights” column of the ‘Record of Rights’. Respondent No. 1 herein challenged the same in revision before the Sub-Divisional Officer, Mumbai, Suburban District, Bandra (E). By order dated 30.12.2000, the Sub- Divisional Officer allowed the revision while cancelling the mutation entry dated 06.03.1987. Further, the appellant challenged the same in an appeal before the Deputy Collector (Appeals), Mumbai Suburban District which got dismissed by judgment and order dated 31.07.2001. The appellant herein further filed a revision before the Additional Commissioner, Konkan Division, Mumbai which was allowed on 14.03.2003.

(2) Whenever a Talathi makes an entry in the register of mutations, he shall at the same time post up a complete copy of the entry in a conspicuous place in the Chavdi, and shall give written intimation to all persons appearing from the record of rights or register or mutations to be interested in the mutation, and to any other person whom he has reason to believe to be interested therein.

(4) Disputes entered in the register of disputed cases shall as far as possible be disposed of within one year by a revenue or survey officer not below the rank of an Aval Karkun and orders disposing of objections entered in such register shall be recorded in the register of mutations by such officer in such manner as may be prescribed by rules made by the State Government in this behalf.

Provided that, an entry in the register of mutations shall not be transferred to the record of rights until such entry has been duly certified.

(6) Entries in the register of mutations shall be tested and if found correct, or after correction, as the case may be, shall be certified by any revenue or survey officer not below the rank of an Aval Karkun in such manner as may be prescribed:

OCTOBER 8, 2015.

(Arising out of Special Leave Petition (C) No. 26698/2010) NARAYAN LAXMAN PATIL Petitioner(s) VERSUS M/S GALA CONSTRUCTION CO.P.LTD.& ORS. Respondent(s) Date : 08/10/2015 This appeal was called on for pronouncement of judgment today.

Hon'ble Mr. Justice R.K. Agrawal pronounced the reportable judgment of the Bench comprising Hon'ble Mr. Justice Ranjan Gogoi and His Lordship.

Leave granted.

The appeal is dismissed in terms of the signed reportable judgment.