REKHA ATMARAM BHOIR ALIAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioners herein have challenged the order dated 20/08/2020 passed by learned Additional Commissioner, Konkan Division in Revision Application No.813/2019. By the impugned order, learned Additional Commissioner has quashed and set-aside the order dated 15/01/2019 in Appeal No.56/2018 and order dated 07/09/2019 in Second Appeal No.61/2019, passed by the Sub Divisional Officer, Vasai and the Additional Collector, Palghar and thereby confirmed the mutation entries in question.

(2.) Heard Mr. Prasad Dhakephalkar, learned Senior counsel for the Petitioners in WPST/92471/2020, Mr. R.M. Haridas, learned counsel for the Petitioner in WPST/92977/2020, Mr. Vineet Naik, learned Senior counsel for Respondent No.3 and Mr. P.V. Nelson Rajan, AGP for the State.

(3.) The dispute is in respect of the mutation entries in respect of the land under Survey No.70/4, 71/3 situated at Village Bapane, Taluka Vasai, Dist. Palghar. The said property was originally owned by Atmaram Kalya Bhoir who expired in the year 1983. Upon his death, the name of his widow - Devkibai and his children i.e., the Petitioners and Respondent No.4 came to be recorded in survey records. It appears that by Agreement for Sale dated 26/02/1987, Devkibai and Respondent No.4 had agreed to sell said property to Respondent No.3. Said Devkibai expired on 13/05/1988 and her name was deleted from survey records under Mutation Entry No.537. Subsequently, Respondent No.3 purchased the said property under a registered Sale Deed executed in their favour by Respondent No.4 - Madhukar. Mutation Entry No.549 came to be effected on the basis of the Sale Deed in favour of the Respondent No.3. By Sale Deeds dated 07/04/2015 and 12/02/2016, Respondent No.3 sold land admeasuring 2705.7 sq. meters and 1803.80 sq. meters from Survey No.70/4 to Respondent Nos.5 and 6 respectively. Accordingly, Mutation Entries No.921 and 925 came to be recorded in Records of Right.