VALLABHBHAI VASTABHAI KUKADIYA Vs. DY. COLLECTOR, BOTAD

JUDGEMENT

(1.) By way of this petition, the petitioners have prayed for quashing and setting aside order dtd. 5/8/2021 passed by the Deputy Collector, Botad in M-Court Revision/BTD/9/2021 and order dtd. 25/5/2021 passed by the Mamlatdar, Botad in Mamlatdar Court Case Reg. No.1/2021.

(2.) With the consent of learned advocates for the parties, the matter is taken up for final hearing. Hence, Rule. Learned AGP, Mr. Nikunj Kanara, learned advocate Mr. Meet Pansuria, and learned advocate Ms. Siddhi Vadodariya waive service of rule on behalf of respective respondents. Though notice was served, respondent Nos.5.1 to 5.7 have chosen not to appear before the Court.

(3.) It is the case of the petitioner that the petitioners are the original respondents of Mamlatdar Court Act Case No.1/2021, which was preferred by the respondent Nos.3 and 4 herein. The respondent Nos.3 and 4 by way of plaint prayed before the Mamlatdar, Botad that they are the owners of agricultural land bearing survey No.212 paiki of Village Rangpur, Taluka and District Botad. The land is ancestral land and the only way to have ingress and egress to their agricultural land is known as 'sim talavdi valo rasto '. From that road they can go to sheda of Survey No.194 and from there they can reach survey No.212 paiki. It is their case that the petitioners are causing hindrance and obstructing their excess to way to their agricultural fields, and therefore, by way of the application under Sec. 5 of the Mamlatdars ' Courts Act, 1906 (for short, 'the Act '). They prayed before the Mamlatdar, Botad to direct the petitioners not to cause obstructions in excess to their right of way.