TARABA Vs. VANDANA W/O GAJANAN TIKARE

JUDGEMENT

(1.) This petition is directed against the order dtd. 12/1/2022 passed by the Sub-Divisional Officer, Bhusawal, in Vahivaat/Revision/62/2021.

(2.) By filing application under Sec. 5 of the Mamlatdars ' Courts Act, 1906 (for short 'the said Act, 1906 '), the petitioner claimed that she is the owner and possessor of land Gut No.70/1, admeasuring 1 Hectare 53R of village Chinchkheda, Tq. Bodwad. The respondents ' land Gut Nos. 67/1 and 67/2 are adjacent to the land of the petitioner. The petitioner used to approach her land from Shevga Dhondkheda Shiv road and then from the boundary of respondents ' Gat Nos. 67/1 and 67/2 South-North Vahivaat road which is the customary Vahivaat road and except that there is no other road. The respondent Nos. 1 and 2 obstructed the petitioner from using vahivaat road on 18/10/2019. The Petitioner filed application before the Tahsildar on 19/10/2021 and 11/11/2021 complaining about the obstruction of the respondents. However, no action was taken. On 25/5/2021, the respondents obstructed the petitioner, hence, the present application is filed by the petitioner.

(3.) Pursuant to the said application, site inspection along with rough sketch of the site (Exhibit-B) was prepared on 7/6/2021. Respondent Nos. 1 and 2 stated at that time that the petitioner can approach her land Gut No.70/1 from Chinchkhed-Dhondakhed Shiv road and then from the boundary of land Gut Nos. 68 and 69. They are ready to allow the petitioner to use the road from the boundary of land Gut No.67/1, if the petitioner gives them road from eastern boundary of land Gut No.70, so as to enable them to approach their land Gut No.73.