*1* 79-wp-3698-2024 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 79 WRIT PETITION NO. 3698 OF 2024 Kalyan Keshavrao Thite VERSUS The State Of Maharashtra Through Its Principal Secretary And Others ... Mr. D. R. Kale h/f. Mr. Yogesh H. Lagad, Advocate for the Petitioner Mr. V. M. Kagne, AGP for Respondents/State … CORAM : NITIN B. SURYAWANSHI & ABASAHEB D. SHINDE, JJ. DATE : 9th SEPTEMBER 2026 P. C. :- 1. This petition is filed seeking following reliefs :- “B. By issuing appropriate writ, order or direction in the like nature, respondent no. 2 and 3 may kindly be directed to conduct inquiry against erring officer as per order cum letter dated 30.10.2023 and 18.11.2023 in time bound manner. C. By issuing appropriate writ, order or direction in the like nature, respondent authorities may kindly directed to take stern action against those officers who have committed illegalities in contravening the provisions of Fragmentation and Consolidation Act and pass appropriate order against those officers.” 2. The petitioner is the owner and possessor of property in Gut No.68/2 situated at village Mhalas Pimpalgaon. Out of said land, 33 R land is jointly purchased by the petitioner and one Narwade 2026:BHC-AUG:42044-DB *2* 79-wp-3698-2024 Dhananjay Karbhari Aher. Dhananjay Aher sold 5 R land to Rutik Gorakshnath Kure in contravention of the provisions of Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947, without permission from the revenue authorities by way of a registered sale deed dated 07.10.2022. The village Talathi and Circle Officer without following the provisions of the Maharashtra Land Revenue Code, 1966 (the MLR Code) and without calling the objections from the interested persons certified Mutation Entry No.4460, on the basis of the sale deed, recording the name of Rutik Gorakshnath Kure as owner of the said land. The petitioner took objection to the same. Accordingly, an enquiry was held and the said Mutation Entry is cancelled. The petitioner also sought action against the village Talathi and the Circle Officer for certifying Mutation Entry. 3. The District Collector has filed an affidavit in reply stating that the petitioner on 11.09.2023 filed complaint to him about the said Mutation Entry and requested him to take action against the erring officers. He forwarded the said complaint to the Office of Tahsildar, Newasa for enquiry on 18.11.2023. Tahsildar, Newasa submitted his report dated 31.01.2024, which Narwade *3* 79-wp-3698-2024 was received by the Office of Collector. Pursuant to the directions issued by this Court a photocopy of the said report dated 31.01.2024 is placed on record which is marked as Exhibit X-1. During the course of enquiry, the explanation of the Talathi and the Circle Officer was called. They submitted the documents in respect of Mutation Entry No.4460 and their written explanation. After going through the record and the written explanation, it was revealed that the Talathi has recorded the said Mutation Entry on the basis of sale deed dated 07.10.2022 executed by Dhananjay Karbhari Aher in favour of Rutik Gorakshnath Kure for 0.5 HR out of Gut No.68/2. The Talathi has recorded the said Mutation Entry on 10.11.2022. Since objection was raised by one Bhausaheb Baburao Aher and the petitioner to the said Mutation Entry, the said objection was registered as Complaint Case no.15/2022 and it was considered and decided by the Circle Officer after giving opportunity of hearing to all the concerned parties including the petitioner. The said complaint was decided on 13.02.2023 and the said Mutation Entry has been cancelled. It is thus contended that the grievance of the petitioner is redressed. It is also stated in the Narwade *4* 79-wp-3698-2024 affidavit that the record reveals that the concerned Talathi and Circle Officer have discharged their duties as per the provisions of Section 149 and 150 of the MLR Code. The Collector therefore concluded that no disciplinary action is warranted against them. 4. In the light of the fact that Mutation Entry No.4460 has been cancelled, the grievance of the petitioner is redressed. Since the Collector i.e., the disciplinary authority has recorded a finding that no action against the concerned Talathi and Circle Officer is warranted as they have followed provision of MLR Code, we do not find any need to issue direction to the Collector to initiate disciplinary action against the Talathi and Circle Officer. 5. In the light of aforesaid discussion, writ petition is dismissed. (ABASAHEB D. SHINDE, J.) (NITIN B. SURYAWANSHI, J.) Narwade