PARANAVADITYA SPINNING MILLS LIMITED Vs. HEMANG NARENDRA PALAN

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the parties, heard finally at the stage of admission.

(2.) This petition under Article 226 of the Constitution of India takes exception to an order dtd. 26/3/2021 passed by Sub Divisional Officer, Ichalkaranji in Revision Application No. 164 of 2020 whereby the Sub Divisional Officer was persuaded to dismiss the petition preferred under Sec. 23(2) of the Mamlatdar's Courts Act, 1906 (the Act, 1906) by affirming the order dtd. 30/6/2020 passed by the Mamlatdar/Tahsildar, Hatkangale under Sec. 5 of the Act, 1906.

(3.) The petitioner is a public limited company. The petitioner had acquired lands bearing Gat Nos. 266, 271, 272/1, 277/1, 277/2, 280/1, 293, 268, 269, 270 and 272/2 at Aalte, Tal. Hatkanangale. The petitioner runs a spinning mill set up by one Harikisan Udani, the predecessor in title of the petitioner. In the year 1992, a 15 mtr. road was constructed after obtaining necessary permission from the Town Planning Authority and the petitioner claims the same is being used exclusively by the petitioner to have access to the factory premises from the main Hatkanangale -Kumbhaj road, which runs North-South.