1 wp 8198.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 10 WRIT PETITION NO. 8198 OF 2026 Dharmaraj Baliram Bhatlawande VERSUS The State Of Maharashtra Through It’s Secretary And Ors ... Advocate for Petitioner : Mr. A.J. Mete AGP for Respondents: Mr. R.K. Ingole ... CORAM : S. G. CHAPALGAONKAR, J. Dated : July 27, 2026 PER COURT :- 1. Present writ petition takes exception to the order dated 28.3.2025 passed by the Secretary (Revenue & Forest Department) Mantralaya, Mumbai in file no. 2023/Pra.Kra.397/Ja-7A & Pra.Kra. 394(08) 2024/A.Va.Pu as well as order dated 28.09.2022 passed by learned Divisional Commissioner, Aurangabad in File No.2021/ROR/REV/CR-226 and order dated 21.10.2020 passed by District Collector in File no.2020/RTS/7 and order dated 16.12.2029 passed by Sub Divisional Officer, Kallamb in file no.2018 ROR/CR-224, thereby rejecting petitioner’s application to condone the delay caused in filing the appeal challenging the mutation entry no.94 in respect of the land bearing gat no.48 admeasuring 2H 2026:BHC-AUG:32282 2 wp 8198.2026.odt 64R situated at village Shelgaon (D), Tq. Kallam, Dist. Osmanabad. 2. The petitioner contends that respondent nos.7 to 10 are his real brothers. Petitioner had purchased a crushing machine and out of said income, he had purchased land admeasuring 80 R from gut no.48. Accordingly, mutation entry no.37 was taken in his name and it was continued till 9.8.2017. However, false and fraudulent record is prepared in respect of mutation entry no.94 dated 17.2.1985 showing that petitioner had effected partition amongst his brothers. 3. Pertinently, petitioner has instituted Regular Civil Suit No.1143 of 2017 before learned Civil Judge S.D. Kallamb seeking relief of partition and separate possession. Said suit is pending before the Court. Respondents took a stand in suit on the basis of mutation entry no.94 dated 17.02.1985. In this backdrop, petitioner raised challenge to mutation entry no.94 by filing appeal before the Sub-Divisional Officer, Kallamb. Said appeal was rejected on the point of delay. The order passed by Sub Divisional Officer is confirmed up to State Government, which is subjected to challenge in this writ petition. 3 wp 8198.2026.odt 4. On consideration of reasoning adopted by Revenue Authorities, this Court finds no reason to interfere in the order as mutation entry of 1985 was challenged first time in appeal filed in the year 2017 without there being appropriate explanation for it. Needles to state here that rights of parties are subjudice before Civil Court in R.C.S. no.1143 of 2017. Petitioner can establish his own rights without prejudice of mutation entry and Respondents/Authorities shall be bound by the decree of Civil Court determining rights of parties and shall be under obligation to correct mutation entry based on decision of the Civil Court. 5. Hence, Writ Petition stands rejected with aforesaid observations. ( S. G. CHAPALGAONKAR ) Judge … aaa/f-