Authority: High Court of Judicature at Bombay, Kolhapur Circuit Bench
Order Date: 24.09.2026 (pronounced); Reserved on 15.09.2026
Case Overview
- Petitioners: Kolhapur Municipal Corporation (via Uday Shivaji Jagtap) in W.P. No. 408/2025; Dilip Ashok Desai in W.P. No. 722/2025.
- Respondents: State of Maharashtra (Revenue & Forest Department), Brigadier Vasantrao Baburao Patil (heir of original owner), and the Divisional Commissioner, Pune Division.
- Subject Matter: Title to land identified as Survey No. 786/1/A (3‑H 69‑Are) located at Kasba Karvir, Taluka Karvir.
- Historical Timeline:
- 20.06.1986: Original owner Tukaram Patil’s land split; 10 acre recorded in the Corporation’s name for a scum pit; remaining portions recorded to heirs.
- 03.12.2019: Sub‑Divisional Officer (SDO) allowed Appeal No. 95/2009 filed by the original owner, remanding the matter to the Tahsildar.
- 10.06.2010: Corporation filed Revision before Circle Officer; revision allowed, cancelling the mutation entry.
- 03.11.2010: Appeal No. 133/2010 filed by Respondent 2 before SDO; dismissed.
- 18.02.2023: Appeal No. 280/2010 filed before Collector; dismissed.
- 27.01.2014: Revision filed by Respondent 2 before Commissioner; allowed.
- 30.09.2022: Petitioner's review of the 27.01.2014 order succeeded.
- 06.03.2024: Minister quashed all subordinate orders and upheld the SDO’s 03.12.2009 order.
- Key Contentions:
- Corporation argued the 03.12.2009 order suffered jurisdictional error and that the land was acquired for public purpose, seeking compensation.
- Respondent 2 contended that the mutation entries (No. 1512 and No. 59187) were effected without proper notice and that the SDO’s order was final and binding.
- Both sides cited various precedents on revenue authority jurisdiction and the finality of SDO orders.
Final Outcome
- The Court dismissed both writ petitions as they lacked merit, confirming that the SDO’s order dated 03.12.2009 remains final and binding.
- The Minister’s 06.03.2024 order was found to be lawful; subsequent revisions and appeals were held to be without jurisdiction.
- Interim relief granted on 06.06.2026 was extended for an additional six weeks and will automatically vacate thereafter.
- The parties are directed to appear before the Tahsildar on 06.11.2026 for fresh scrutiny of the mutation entries.
Topics: Land Title Dispute, Municipal Property, Judicial Review