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2026 DAILYLAW 11202 (BOM)

ABDUL MAJID ISMAIL DALVI v. UNION OF INDIA THRU MINISTRY AND ORS

WP/11783/2026 · 2026-09-21

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Judgment text

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Gitalaxmi 27-WP-11783-2026.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11783 OF 2026 SHRI. ABDUL MAJID ISMAIL DALVI ...PETITIONER Versus UNION OF INDIA THRU. MINISTRY OF ROAD TRANSPORT AND HIGH WAYS AND OTHERS ...RESPONDENTS Mr. Vijay Gharat a/w Mr. Sarvesh Gharat & Ms. Nidhi Mankar, learned counsel for the Petitioner. R. M. Shinde, learned AGP for the State-Respondent. CORAM : ARUN R. PEDNEKER, J. DATE : 21st SEPTEMBER, 2026. Per Court : 1. Heard learned counsel appearing for the Petitioner. 2. By the present Petition, the Petitioner challenges the mutation entry no. 2246 entered in the year 1965. Learned authority, Sub-Divisional Officer has dismissed the said appeal on the ground of 60 years delay in challenging the mutation entry. 3. Learned counsel for the Petitioner submits that the Petitioner has sale deed qua the said land of the year 1945 in his 21st SEPTEMBER, 2026 Gitalaxmi 27-WP-11783-2026.docx father’s favour and that the mutation entry made in the year 1965 bearing no. 2246 is accordingly challenged. Learned counsel further submits that the Revenue Authority can only make the Mutation Entries for fiscal purposes and cannot travel into the challenge of the Sale Deed. 4. It is a settled law that the Mutation Entries are only for the fiscal purposes and if the Petitioner has right qua the property, the same can always be adjudicated by the civil proceedings. Any decree passed by the Civil Court would be binding on the Revenue Authorities. 5. In view of the same, this Court finds no error in the order of SDO, hence no case is made out to interfere with. Accordingly, the present Writ Petition stands dismissed with liberty to the Petitioner to pursue his civil remedies before the Civil Court, as are available in law. If such civil remedies are invoked, this Court has not expressed anything on merits of such remedies. 6. Merits on the contentions of parties are kept open and the Court concerned would decide the same in accordance with law. 7. With these observations, the present Writ Petition stands disposed of. [ ARUN R. PEDNEKER, J. ] 21st SEPTEMBER, 2026 GITALAXMI KRISHNA KOTAWADEKAR Digitally signed by GITALAXMI KRISHNA KOTAWADEKAR Date: 2026.09.24 11:44:49 +0530