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State of Maharashtra - Section

Section 17 in The Maharashtra Land Revenue Record of Rights and Registers (Preparation and Maintenance) Rules, 1971

17. Procedure to be followed for certifying entries in register of mutations and deciding disputes.

(1)Before proceeding to decide disputes entered in the register of disputed cases as provided in sub-section (4) of Section 150 and certifying the entries in the register of mutations, the certifying officer shall inform the Talathi to that effect in Form XI. On receipt of such information, and at least fifteen days before the date fixed for deciding disputes entered in the register of disputed cases, and for certifying entries made in the register of mutations, the Talathi shall issue notices in Form XII to all persons likely to be interested in such disputes or entries and call upon them to be present at the place [along with their Khate Pustikas] [Added by 7.9.1983.] on the date and at the time fixed for deciding disputes and for certifying entries.
(2)On the date and at the place and time fixed for deciding disputes, the certifying officer shall read out the mutation entries which are undisputed in the presence of the persons present.If the correctness of such entries is admitted by all the persons present the certifying officer shall record such admission in the register of mutations, and add an endorsement under his signature [or his authentication] [These words were inserted by No. CLR 1004/CR-45/L1, Cell, dated 25.7.2007.] that the entries have been duly certified.If any error in respect of any entry entered in the register of mutations is noticed by the certifying officer, and such error is admitted by the persons interested in the entry who may be present, the certifying officer may correct that entry and certify the corrected entry as aforesaid.The certifying officer shall then hold a summary enquiry and decide each dispute entered in the register of disputed cases on the basis of possession, that is to say if a person actually holds possession under a claim of title, he shall be recorded as occupant class I, occupant class II or, as the case may be, Government lessee in the register of disputed cases. If there is a doubt as to the actual possession, the person with the strongest title shall be so recorded. He shall also record in the register of mutations, the order passed by him in respect of the mutation entry disputed, and make an endorsement under passed signature to the effect of the mutation entry as modified by his order is certified by him. The order shall contain the names of the parties and witnesses and a brief summary of the evidence produced by either side, together with his findings thereon.