SHANKAR GOVINDRAO SARNAIK Vs. SUB DIVISIONAL OFFICER WASHIM

JUDGEMENT

(1.) Admit. Heard Shri Ghuge, the learned counsel for the applicants, Smt. K.R.Deshpande, learned AGP for Respondent Nos. 1 and 2 and Shri Ghare, the learned counsel for the respondent nos. 3 to 10.

(2.) The Tahsildar exercising the jurisdiction under Section 5 of the Mamlatdar's Courts Act, 1906, has directed removal of obstruction on the Dhura of Gat No. 62 owned by the applicants. This order has been maintained in appeal. Hence this civil revision application.

(3.) The contention of Shri Ghuge, the learned counsel for the applicants is that, there is no right of way available to the respondent nos. 3 to 10 from the Dhura of Gat No. 62. Shri Ghare, the learned counsel appearing for the respondent nos. 3 to 10 invited my attention to Section 22 of the Mamlatdar's Courts Act, and submitted that the remedy of civil suit is available to raise a dispute regarding right of way over the boundary of Gat No. 62 and he submits that any observation regarding right of way by the authorities below in the impugned order would naturally not come in the way of the Civil Court in dealing with the aspect of the matter.