VIJAY WAMANRAO KAMDI Vs. SUB DIVISIONAL OFFICER

JUDGEMENT

(1.) Heard Mr. Kadam, learned counsel for the petitioner, learned AGP for respondent nos. 1 & 2 and Mr. Bhandakkar, learned counsel for respondent nos.3 and 4.

(2.) The petition challenges the order dtd. 31/12/2021 passed by the Mamlatdar under Sec. 5 of the Mamlatdar Courts' Act holding that there is an approach way available to respondent nos.3 and 4 for approaching their land of Gat no. 381/2 from the eastern boundary/dhura of Gat no.380, which has subsequently been sub-divided into parts (Gat Nos. 380/1 and 380/2), which has been obstructed by the petitioner by digging a ditch and which has been directed to be refilled and the way to be restored.

(3.) Though it is contended by Mr. Kadam, learned counsel for the petitioner that there is no way, the spot inspection report dtd. 18/9/2021 (pg.55) indicates otherwise. The further contention that there is an alternate way available for the respondent nos.3 and