SAVITA DATTATRAYA VARPE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard both sides by consent for final disposal.

(2.) The present proceeding is filed to challenge the order made by S.D.O. in Revision No. 299 of 2015 which was pending before the S.D.O., Sangamner. This proceeding was filed by present respondents against the order made by Tahsildar, Sangamner in Rasta Case No. 26 of 2014. The said proceeding was filed by present petitioner for relief of removal of obstruction created on the so called road situated on the eastern side and for injunction to prevent the defendants from interfering in the right of plaintiff to use that portion as road.

(3.) Submissions made and the record show that spot inspection was made. Some portion was found to be used of eastern side of Survey No. 207 as way. The proceeding was opposed by present respondent / defendant by contending that on western side of Survey No. 207 there is shiv and there is big road on that side and there is no road on the eastern side. On the basis of spot inspection made, Tahsildar had allowed the proceeding. Tahsildar had not given the width of the so called road. This decision was challenged and S.D.O. has held that existence of such road is not proved.