VIJAY JAGANNATH POPHALE Vs. NARAYAN KASHINATH SARAF

JUDGEMENT

(1.) Rule, with the consent of the parties, made returnable forthwith and heard.

(2.) The above petition filed under Articles 226 and 227 of the Constitution of India takes exception to the order dated 30th December, 2010, by which order the revision application filed by the Petitioner herein came to be rejected.

(3.) The issue involved in the above petition is as regards the Petitioner's right of a way through Gat No. 187 and 189 of village Janefal, Tq. Mehkar, Distt. Buldhana. The Petitioner is the owner of part of gat No. 188, which he claims to have purchased from one Kamlakar Badame by registered sale-deed dated 14/5/2004. Since there was no way to approach the land, the Petitioner filed application under Section 143 of the Maharashtra Land Revenue Code seeking a right of way through Gat Nos. 187 and 189. The application was initially allowed by the Tahsildar by his order dated 22/5/2008. The right of way granted to the Petitioner was through Janefal - Savatra Pandhan, which is very adjacent to the field of the Respondents and near to Gat No. 188.