SUSHILKUMAR CHANDRAKANT KADAM Vs. SUB-DIVISIONAL OFFICER

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and with the consent of the learned Counsel for the parties heard finally.

(2.) This petition under Article 227 of the Constitution of India assails the legality, correctness and propriety of an order dtd. 10/1/2022 passed by the Deputy Collector and Sub-Divisional Officer, Koregaon Division, Satara in MCA No.5 of 2021 under Sec. 23 of the Mamlatdar 's Courts Act, 1906 ( "the Act, 1906 ") whereby the revision application preferred by the petitioners against the order dtd. 3/12/2021 passed by the Tahsildar, Koregaon, in an application under Sec. 5 of the Act, 1906 came to be dismissed.

(3.) Agricultural lands of the petitioners and respondents are situated at village Khed. River Wangana runs North-South towards East of village Khed. The agricultural lands of the petitioners and respondents are situated towards East of the said river. The petitioners are holders of the agricultural land bearing Gut No.684. Whereas lands bearing Gut Nos.759, 751, 758, 723/1 and 723/3 are owned by respondent Nos.3 to 7. Respondent Nos.3 to 7 claimed a 12 feet wide road was laid to facilitate access to the various fields by public contribution. The petitioners allegedly obstructed the access to the said road by erecting a gate on the said road in Gut No.684.