BALKRISHNA SADASHIV THAKUR Vs. PRABHAKAR SADASHIV THAKUR

JUDGEMENT

(1.) Heard Mr. A.S. Khandeparkar along with Mr. Amogh Karandikar and Mr. Shubham Jawlekar, Advocates for the petitioners; Mr. Vaibhav Kadam, Advocate for respondent Nos.3, 8E, 9 and 10 and Mr. S.D. Rayrikar, AGP for respondent Nos.11A to 11C.

(2.) By the present petition filed under the provisions of Article 227 of the Constitution of India, petitioners are challenging the judgment and order dated 05.10.2017 passed by the Minister for Revenue, State of Maharashtra in revision proceedings under the provisions of Section 257 of the Maharashtra Land Revenue Code, 1996, (for short " the MLR Code "), dismissing the Revision Application filed by petitioners in respect of mutation entry No.508 dated 17.10.2010 pertaining to Gat No.54 admeasuring 08 Hectares 87 Ares of village Khairgavan, Tal. Yeola, Dist. Nashik. Mutation entry No.508 was certified on 17.10.2010 in the names of the petitioners i.e. four brothers namely, Balkrishna, Gopalkrishna, Vishwanath and Dattatraya. The fifth brother namely Ramkrishna had waived of his right / share in Gat No.54 in lieu of getting sole right in Gat No.59 following family partition. Therefore, after following due process of law as contemplated under the MLR Code, Prabhakar and Ramkrishna's name was not certified in the mutation entry. The legal heirs of deceased Ramkrishna and Prabhakar however filed revenue proceedings before the Sub-Divisional Officer, Yeola (for short " SDO ") i.e. appeal to challenge mutation entry No.508 in the year 2013. These proceedings culminated in the passing of the impugned judgment and order dated 05.10.2017 by the State of Maharashtra in revisions proceedings against the petitioners.

(3.) To appreciate the lis between the parties it will be apposite to briefly refer to the relevant facts for consideration.