25 November 2020
Sir, A case in respect to a gifted land was in Civil Court, the Court granted interim orders in favor of the Plaintiff by giving enough opportunity to the Defendants.Simultaneously, the Plaintiff approached the Talathi for Mutation Entry on the said land. The Talathi carried out Mutation Entry Notice which was kept pending. The Defendants replied to the said notice and the matter went to Mandal Adhikari. The Mandal Adhikari issued notice to the 3 Defendants out of which only 1 Defendant replied to the said notice and filed its say and objected the Mutation. Based on only 1 Defendants reply, the Mutation Entry was rejected by the Circle Officer (Mandal Adhikari), the said Mandal Adhikari did not considered the Hon'ble Civil Courts order which was in favor of Plaintiff and the judgments of the Hon'ble Supreme Courts wherein it has been stated that the Mutation Entry cannot be kept in abeyance even if the matter is pending in the Civil Court. The Plaintiff filed Appeal before the SDO.
Experts, please advice whether the Mandal Adhikari was not bound to issue notice to the other 2 Defendants.during the mutation entry proceeding for their say? After the rejection of the Mutation Entry, the Mandal Adhikari carried out Panchnama wherein he falsely stated that along-with other Panchs the Panchnama was done. Further, he even took the photographs of the land but was not submitted before the Tehsildar. Was he not bound to tell the truth and submit each and every bits to the Tehsildar.
What case can be made out Experts?
What does law says if the Defendants does not file it reply in Mutation Entry proceeding?
27 November 2020
Many many thanks to all the experts for their valuable inputs.
Experts, I just want to know as mentioned that the 2 Defendants did not file their say in respect to the Mutation Entry Notice, can this ground be beneficial and secondly the Mandal Adhikari also did not notify them to file their say. Further, without seeking any documentary evidence of the Defendants, the Mandal Adhikari rejected the application for Mutation Entry on baseless ground that there is a boja on the said land. Experts, please note that the boja on land is in respect to other land in Mumbai and matter in respect to the same is in Hon'ble High Court.