Whether mutation entries can be taken without permission of collector?

The request of the petitioner is to register the
mutation and, therefore, he applied to the Deputy Superintendent
of the Land Records, Gondia. The said authority has directed the
petitioner to approach the Collector, Gondia and produce the No
Objection Certificate (NOC) from the said Collector.
The request of the petitioner is simplicitor to mutate
his name in the land records. At this stage, it is difficult to
understand as to how the authorities under the Land Revenue Code
are concerned with the rights of the parties like the petitioner. The
matter of title to the properties stands apart and can be dealt with
and decided by the Competent Courts. In these circumstances, it is
difficult to sustain the directions of the Dy. Superintendent of Land

Records, Gondia. Let this Deputy Superintendent of Land Records,
Gondia consider the request of the petitioner for effecting mutation
in the revenue records in accordance with rules and without
insisting on production of a No Objection Certificate from Collector,
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Writ Petition No. 1023 of 2012
Indrakumar Harivallabh Mundra
Vs.
The State of Maharashtra and others

CORAM : S.C. DHARMADHIKARI
 & A. P. BHANGALE, JJ.
 DATED : 12TH JUNE, 2012.



The request of the petitioner is to register the
mutation and, therefore, he applied to the Deputy Superintendent
of the Land Records, Gondia. The said authority has directed the
petitioner to approach the Collector, Gondia and produce the No
Objection Certificate (NOC) from the said Collector.
The request of the petitioner is simplicitor to mutate
his name in the land records. At this stage, it is difficult to
understand as to how the authorities under the Land Revenue Code
are concerned with the rights of the parties like the petitioner. The
matter of title to the properties stands apart and can be dealt with
and decided by the Competent Courts. In these circumstances, it is
difficult to sustain the directions of the Dy. Superintendent of Land

Records, Gondia. Let this Deputy Superintendent of Land Records,
Gondia consider the request of the petitioner for effecting mutation
in the revenue records in accordance with rules and without
insisting on production of a No Objection Certificate from Collector,
Gondia. Let this be done within a period of two weeks from today.
Stand over to 27th June, 2012.
Steno copy granted.
 JUDGE JUDGE

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