PATEL VASTABHAI MALABHAI Vs. KODI JAWABHAI DHARMABHAI

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India, originally filed as Civil Revision Application No.169 of 2011, was permitted to be converted into writ petition under Article 227 of the Constitution of India by an order dated 14.10.2008.

(2.) PETITIONER challenges the legality, validity and propriety of the order of Mamlatdar respondent No.7 dated 30.6.2011 passed in Mamlatdar Court Act Case No.9 of 2010, Tharad under Mamlatdars' Courts Act (to be referred to as "the Act" hereinafter) and confirmed in Appeal vide order dated 20.7.2011 in Mamlatdar Court Appeal No.3 of 2011. The respondents No.1 to 5 are the applicants before the Mamlatdar Court, who are the owners of the agricultural land bearing Survey No.4 admeasuring 16 acres and 18 gunthas. It is their case that permanent way was available to them since it is an ancestral property. Their forefathers used this way to reach to their land bearing Survey No.4 and they also passed through Survey No.3 belonging to the present petitioner. The petitioner defendant obstructed their way by doing plotting of the land, and there being no alternative way, the respondents approached Mamlatdar's Court which registered Case No.9 of 2010. Mamlatdar conducted the proceedings of the suit under Section 5 of the Act. He also got the Panchnama prepared and recorded the statement through Circle Inspector. On the basis of these proceedings, he passed an order dated 30.6.2010 granting permanent injunction against the petitioner, restraining him from causing any obstruction to respondents No.1 to 5 or by preventing them to enter and use the land bearing Survey Nos. 3 to reach their land bearing Survey No.4.

(3.) LEARNED advocate Mr. Jay Thakkar has been heard for and on behalf of M/s. S.G. Associates and Mr. M.U.Vora for the respondents.