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5. Section 150(1) of the said Code provides that the Talathi shall enter in a register of mutations every report made to him under Section 149 or any intimation or acquisition or transfer under Section 154 from any Collector or the registering authority. Sub-section (2) of Section 150 provides that whenever a Talathi makes an entry in the register of mutations, he shall at the same time post up a complete copy of the entry in a conspicuous place in the Chavdi, and shall give written intimation to all persons appearing from the record of rights or register of mutations to be interested in the mutation, and to any other person whom he has reason to believe to be interested therein. Sub-section (3) provides that when any objection to any entry under Sub-section (1) in the register of mutations is made either orally or in writing to the Talathi, it shall be the duty of the Talathi to enter the particulars of such objection in a register of disputed cases and Talathi shall at once give a written acknowledgment for the objection to the person making it in the prescribed form. Sub-section (4) of Section 150 provides that the disputes entered in the register of disputed cases shall as far as possible be disposed of within one year by a revenue or survey officer not below the rank of an Aval Karkun and orders disposing of objections entered in such register shall be recorded in the register of mutations by such officer in such manner as may be prescribed by the rules made by the State Government in that behalf Sub-section (5) of Section 150 provides that the transfer of entries from the register of mutations to the record of rights shall be effected subject to such Rules as may be made by the State Government in that behalf, provided that entry in the register of mutations shall not be transferred to the record of rights until such entry has been duly certified. Sub-section (6) of Section 150 deals with the certification of the entries by the Revenue officer; and Sub-section (7) speaks of State Government's power to direct for maintenance of register of tenancies in such a manner and under such procedure as may be prescribed by the rules.

6. Section 328 of the said Code empowers the Government to frame rules for the purpose of carrying into effect the provisions of the said Code. Accordingly, the Government has framed Maharashtra Land Revenue Record of Rights and Registers (Preparation and Maintenance) Rules 1971, hereinafter called as "the said rules" and the part D thereof deals with the rules relating to the maintenance of record of rights and register of Mutations. As per the rule 8 thereof, Tahsildar of the villages under his jurisdiction is responsible for updating and maintenance of the register of mutations and for timely and systematic compliance of the provisions of the said rules. Rule 9 provides that on receipt of report under Section 149, the same should be acknowledged in Form VII. The prescribed form requires mentioning of the document produced in support of report regarding acquisition of right in respect of the property relating to which mutation of entry is sought for. Rule 10 provides that the register of mutation shall be in Form VIII. The said form requires the register of mutation to contain the information relating to mutation in four columns, the first column disclosing the serial number of entry, the second column to disclose the nature of rights acquired, the third column to record the survey and sub-division numbers affected and the fourth column to bear the initial or remarks by testing officer. As soon as an intimation regarding registration of a document is received under Section 154 of the Code, the Talathi in terms of Rule 11 is required to make respective entries in the said register of mutation, in respect of the mutation effected by each such document. Under Rule 12, where rights in any land are acquired as a result of transfer of such land, and such transfer required the previous permission of the Collector, the Talathi shall require the person making report to him under Section 149, to produce before him such permission or such evidence of the order by which such permission is disclosed or proved and the Talathi shall record the said fact at the end of the entry in column No. 2 of the mutation register; in case the permission is obtained but not produced or such permission is not at all obtained, then the Talathi shall record the said fact in the register. Prior to Certification of entries in a register, the entries are required to be made in pencil as per Rule 13.

8. The procedure to be followed for the purpose of certifying the entry in the register of mutation as well as for deciding the objections to mutations has been prescribed under Rules 17, 18 and 19 of the said Rules. Accordingly 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 has to 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 is required to 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-pustika) on the date and at the time fixed for deciding disputes and for certifying entries. The notice to be issued in Form XII shall disclose the entry which has been included in the register of mutations regarding the acquisition of rights in the land, specifying the serial number of such entry, nature of rights and survey number and sub-division number effected and should reveal the place, date and time of the camp of certifying officer for the purpose of certifying the said entry or for deciding the disputes entered in the register of disputed cases in respect of such entry and certifying the said entry, as the case may be and further that as the person being intimated appears to be interested the said entry should appear before the certifying officer at the said camp on the specified day and time for placing his objections to the said entry before the certifying officer, and that in case of failure to appear, it would be presumed that such person has nothing to say in the matter and the dispute about entry would be decided and entry would be certified in his absence. On the date and the place and time fixed for deciding disputes about the entry or entries, as the case may be, the certifying officer is expected to 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 should record such admission in the register of mutations, and add an endorsement under his signature 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 his signature to the effect that 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. Immediately after an entry in the register of mutations is confirmed, under Rule 17, the Talathi shall record it in ink in the record of rights and simultaneously copy out the relevant entry in the Khate-pustika also. It shall be the duty of the Circle Inspector to visit every village in his Circle and check whether the Talathi has prepared and maintained the mutation register in accordance with the provisions of the said Code and the said rules; and if it has not been so prepared or maintained, cause it to be so prepared and maintained.

15. In the case in hand it is not in dispute that the petitioners had produced a registered sale deed dated 15-7-1998 while requesting for entry in their favour in mutation register. The Talathi based on the said document had allowed the application filed by the petitioners and had carried out necessary mutation in the register. The Sub-Divisional Officer while dealing with the appeal against the decision on mutation of entry, assuming illegally, the jurisdiction of the authorities under the Tenancy Act sought to deal with the controversy pertaining to the tenancy claim and right under the provisions of The Bombay Agricultural Tenancy Act, 1948, sought to set aside the said decision of Tahsildar allowing the application for mutation of entry, and thereby clearly transgressed the jurisdiction of the revenue authorities available under the provisions of the said Code and the said rules in relation to disputes pertaining to the mutation of entries. Additional Divisional Commissioner by confirming the said order of the said Divisional Officer reiterated the same illegality. Apparently both the authorities have acted illegally and beyond the powers vested in them in relation to the proceedings pertaining to mutation of entries under the said Code and the said rules, and therefore the orders passed by them cannot be sustained and are liable to be quashed and set aside. At the same time it is also to be noted that in case there is any application by the respondents for mutation of entries in their favour based on any valid and lawfully registered document or any decision pronounced by any court or judicial or quasi-judicial authority competent to pronounce such decision, certainly the Authorities acting under sections 149 and 150 of the said Code cannot ignore such application nor can refuse to carry out the mutation in accordance with the declaration of right in favour of the party by virtue of such decision of the Court or the competent Authority. In case of any conflict between such entries, the parties have to settle the dispute by taking resort to the regular remedy available under appropriate statutes but the revenue authorities acting under Sections 149 and 150 of the Code cannot assume jurisdiction to decide about the rights of the parties in relation to properties, while acting under those provisions for the purpose of mutations. Albeit, the revenue authorities can certainly decide in such cases, the issue of actual possession. However, such decision would be final, subject to the decision of the civil court in that regard.