Bombay HC – Registered Consent Decree of Civil Court is Binding on Revenue Authority for Mutation
On 5.11.1985, the consent decree was passed by the High Court in the petitioner’s suit, directing conveyance of the subject property in favour of the petitioner. In July, 2007, the consent decree was registered. Thereafter, on the application dated 18.8.2007 of the petitioner, the respondent no.4 mutated her name in the PR card. Respondent no.5 filed objections to the said mutation.
By the impugned orders of the respondent nos.1, 2 and 3, the mutation was effected in the Property Register Card in respect of the land at Hill Road, Bandra (West) in the name of the petitioner was deleted.
HELD that the mutation proceedings are fiscal and administrative in nature and neither confer or extinguish title. It was urged that revenue authorities are bound to give effect to a registered Decree and cannot embark upon an adjudication of title, unless such Decree is set aside by a competent Court.
Once a Decree of a civil Court attains finality and is registered in accordance with law, the revenue authorities are duty bound to take cognizance of it for the limited purpose of mutation. They cannot sit in appeal over such Decree, re-examine its legality, or test the merits of the underlying transaction by questioning the correctness of the findings recorded therein .
revenue authorities have travelled far beyond their limited jurisdiction by entering into an elaborate examination of the Petitioner’s title, the validity of testamentary succession, the authority of the vendors, the effect of alleged prohibitory orders, and the legality of registration of the Consent Decree. Such an exercise is plainly impermissible in mutation proceedings. It is sitting in appeal and reversing the Court’s Decree.
Whether the Decree is valid, void or voidable is a matter for a competent civil courts; Revenue authorities cannot declare a civil Court Decree to be ineffective or non est.
Judgment dated 4.2.2026 of the High Court of Bombay in Writ Petition No.1365 of 2012 of Meena A. Rizvi Vs. The State of Maharashtra and others
