VIDYA VIJAY KARANDIKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners herein have approached this Court challenging the order passed by the Sub-Divisional Officer, nagpur in Revenue Appeal No. 3/bnd-56/93-94 passed on 12-10-2000. It was a revision petition filed by the original respondents against order passed by Naib Tahsildar on 28-1-1974 in complaint of non-compliance of earlier order (order dated 17-6-89). The Sub-Divisional Officer had ordered fresh enquiry in the right claimed by present petitioner. The said remand order dated 27-1-2000 is challenged in this petition.

(2.) It would be necessary to refer to the facts and background in brief which is as follows :

(3.) The Tahsildar who is the competent authority under Section 143 of maharashtra Land Revenue Code 1966 issued notice to the Non-applicants. The application was opposed. The Tahsildar conducted the spot inspection on 30-5-1989. He then passed the interim order of injunction on 17-8-1989 and later confirmed the injunction. It was found that dhura was ploughed and the way which was passing over it, which was available, was destroyed. After hearing, the Tahsildar found that it is the duty of every cultivator to maintain the common Dhura of the boundaries of survey number for smooth conduct of agricultural operation particularly when the field of different owners are adjoining. The non-applicants have not maintained proper Dhura specially on the eastern side of their fields. The dhuras have been encroached and thereby they have thereby contravened statutory obligation.