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2026 DAILYLAW 8072 (BOM)

AATISH VILAS KHEDEKAR AND ORS v. THE STATE OF MAHARASHTRA THRU MINISTER AND ANR

WP/11809/2026 · 2026-09-07

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Judgment text

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Gitalaxmi 11-WP-11809-2026.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11809 OF 2026 AATISH VILAS KHEDEKAR AND OTHERS ...PETITIONERS Versus THE STATE OF MAHARASHTRA THROUGH ITS REVENUE MINISTER AND ANOTHER ...RESPONDENTS Mr. Kamlesh Ghumre a/w Ms. Sonali Jadhav & Mr. Aryan Mehta, learned counsels for the Petitioners. Mr. Rohit Sakhadeo, ‘B’ Panel Advocate for the State- Respondent. CORAM : ARUN R. PEDNEKER, J. DATE : 7th SEPTEMBER, 2026. Per Court : 1. Heard learned counsel appearing for the parties. 2. Perused the records. 3. From the record it appears that the mutation entry in favour of the Petitioners’ grand-parents was removed in the year 1985 qua the subject land and the land is notified as ‘Gurcharan (Cattle Grazing Land)’. 7th SEPTEMBER, 2026 Gitalaxmi 11-WP-11809-2026.docx 4. Learned counsel for the Petitioners submits that the Petitioners are in possession of the land and they were not aware as to how the entry has been effected. The same is not effected in any judicial order or by conveyance or any other proceeds. However, the authority below refused to entertain the application of the Petitioners for rectification of the mutation entry as the same is belated and beyond 30 years. 5. Learned counsel for the Petitioners also submits that the civil suit is filed qua the same subject matter. 6. It is a settled law that the adjudication of rights by the Civil Court would ultimately bind on Revenue Authorities. In the event the Petitioners succeed in civil suit or obtain any order, the Petitioners will be entitled to rectification of the mutation entry qua the subject land. 7. With these observations, the present Writ Petition stands dismissed. 8. No findings recorded in this proceeding would bind the Civil Court and the Civil Court is entitled to proceed in accordance with law. 9. All contentions of both the parties are left open. [ ARUN R. PEDNEKER, J. ] 7th SEPTEMBER, 2026 GITALAXMI KRISHNA KOTAWADEKAR Digitally signed by GITALAXMI KRISHNA KOTAWADEKAR Date: 2026.09.11 19:31:50 +0530