(Per : HONOURABLE MR.JUSTICE P.B.MAJMUDAR)
1. This Letters Patent Appeal is filed against the order of the learned Single Judge passed in Special Civil Application No.7154 of 2011 by which, learned Single Judge dismissed the writ petition filed by the petitioners.
2. The issue before the learned Single Judge is with regard to the revenue entry made in the revenue record. The learned Single Judge found that the entry, in question, was not challenged by one Mariyambibi through whom the appellants are claiming their right till 2001 and only after, 2001, the said entry was challenged for the first time. The prayer made by the petitioners for deleting the said entry is not required to be accepted.
3. Learned Single Judge has held that, under Article 226 of the Constitution of India,, the Court is not required to decide the disputed facts of the ownership right of the parties qua the land in question. In our view, no interference is required with the order of the learned Single Judge as it is not in dispute that the proceedings arises out of the posting of revenue entry in the revenue record. It is well settled proposition of law that revenue entry posted only for fiscal purpose and it cannot have any bearing qua title over the property.
4. If any title suit is filed by either party, the revenue entry posted in the revenue record may have only presumptive value and it cannot be treated to be substantive piece of evidence. This revenue entry never confirms title in favour of one in whose favour the entry is recorded in the revenue record. Learned Single Judge absolutely justified in holding that in such proceedings, question of title cannot be decided by the Court.
5. Learned counsel Mr.Parikh requested this Court that in case, if civil suit is filed by the appellants then the posting of the revenue entry should not come in their way. It is needless to state that in case any suit is filed by the petitioner, the same is to be decided on its own merits and without being influenced by the fact that revenue entry is recorded in the revenue record in favour of either side.
6. In view of what is stated herein above, this appeal is dismissed.
(P.B.MAJMUDAR, J.) (PARESH UPADHYAY, J.) (ashish) Top