ZARGAR NAZIR AHMED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, with consent of the parties made returnable forthwith and heard.

(2.) This petition takes exception to the order/direction dated 24-4-2007 by which order/direction, the Collector, Latur has directed the respondent No. 2 to enter the property in question in the property tax register as per the registered deed and the parties were advised to approach the Civil Court for partition. The issue that has arisen for consideration is whether the Collector has the power and jurisdiction to issue the said order/direction under the provisions of the Maharashtra Municipal Councils, Nagar Panchayats and s Act, 1965.

(3.) It is the case of the petitioner that a partition took place between the petitioner and the respondent No. 3 in respect of the said plot and accordingly, eastern side portion went to the share of the respondent No. 3 whereas the western side share portion came to the share of the petitioner. On 20-2-2006, the petitioner applied for mutation in his name in the Property Tax Register maintained by the Municipal Council, Udgir in keeping with the procedure prescribed. The Chief Officer i.e. the respondent No. 2 herein issued a notice, calling for objections from the public at large in respect of the insertion of the petitioner s name in the said Property Tax Register. It appears that the respondent No. 3 by his letter dated 6-3-2006 had already raised an objection to the mutation of the name of the petitioner in the said Register. It appears that after conducting the inspection of the property, the respondent No. 2 has mutated the name of the petitioner in the said Property Tax Register maintained by it. This was done on 23-2-2007. On the petitioner s name being mutated in the Property Register, the Collector, Latur by his letter dated 21-3-2007 addressed to the Chief Officer, the petitioner abovenamed and the respondent No. 3 informed them that the hearing in respect of the mutation in the said Register will be held in his office on 26th March, 2008 at 11 a.m. The petitioner filed a reply wherein the petitioner, specifically questioned the jurisdiction of the Collector to entertain any application in respect of the mutation of the name of the petitioner in the property tax register maintained by the respondent No. 2. The petitioner was proceeding on the basis that the proceedings have been initiated by the Collector pursuant to an application made by the respondent No. 3. The respondent No. 2 also filed its reply inter alia stating that the mutation of the name of the petitioner has already been carried out by following due procedure. The Collector by the impugned order/direction dated 24-4-2007 directed the respondent No. 2 to enter the name in the said property tax register as per the Registered Deed and the parties were directed to approach the Civil Court for partition. As indicated hereinabove, it is this order/direction which is the subject-matter of the above petition.