SHANKARRAO PREMAJI BANARASE Vs. MADARSA JAMIA ARABIA ISLAMIYA

JUDGEMENT

(1.) By the order dtd. 23/2/2023, the following position was recorded :

(2.) The petition challenges the order dtd. 30/07/2019, passed by the Sub-Divisional Officer, Nagpur (page 66) whereby the delay of 35 years, in challenging the mutation entry in the name of respondent Nos.1 and 2 has been rejected on account of absence of any reasons. Mr. Vaidya, learned counsel for the petitioner submits, that in fact there is no delay whatsoever, as the obligation, for making a correct mutation entry was that of the authority based upon the language of Sec. 150 read with Sec. 154 of the Maharashtra Land Revenue Code and as the authorities had committed the mistake, the petitioner cannot be blamed for the same. He submits, that this obligation has been recognized by this Court in Shamrao Ganpat Chintamani Vs. Kakasaheb Laxman Gorde 2008 (Suppl) BCR 848 (paragraph 12).

(3.) It is therefore, submitted that the impugned order, cannot be sustained and is required to be quashed and set aside.