TRIVEDI LAXMISHANKAR KANJIBHAI Vs. DY. COLLECTOR

JUDGEMENT

(1.) THIS petition arise against the orders passed under Sections 5 and 23 of the Mamlatdars' Courts Act (for short "the Act") by the Mamlatdar and Deputy Collector on 2 nd January, 2003 and 30th October, 2003 respectively whereby, both the authorities rejected the case of the petitionersoriginal applicants for a approach passage to access his agricultural land being Block No. 11.

(2.) LEARNED counsel for the petitioners submitted that despite various documents having been produced before the authorities below, the Mamlatdar's Court rested its order only on the ground that during local inspection, no traits of passage were found. It was also pointed out that the revisional authorities, while confirming the order passed by the Mamlatdar's Court, relied upon extraneous facts which were not at all discussed by the Mamlatdar's Court. It was contended that none of the authorities considered the revenue record a document signifying the settlement between the parties way back in the year 1949 and thus they failed to exercise the jurisdiction vested in them respectively by Sections 5 and 23 of the Act. It was therefore, contended that application filed by the petitioner under Sections 5 is required to be allowed by quashing and settingaside the impugned order.

(3.) LEARNED AGP would support the impugned orders. It was also contended that the petitioners did not make it clear in the proceedings before the Mamlatdar, the nature of documents relied upon and what actually was the settlement and as also the petitioner did not identify the subject matter, in which the matter was allegedly settled.