VISHNU SUKHDEV GHANVAT Vs. COLLECTOR, AHMEDNAGAR

JUDGEMENT

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

(2.) The petition is filed to challenge the decision given by the learned Sub Divisional Officer Pathardi in Revision No. 261/2013 and also the decision given by the Mamlatdar, Shevgaon in Rasta Case No. 42/2011. The application was made by present respondent Nos.4 to 7 under section 5 of the Mamlatdars' Courts Act, 1906 for removal of obstruction created on the alleged way in Survey No. 176 of village Babhalgaon, Tahsil Shevgaon. It was contended that they are the owners of Survey No. 174 and they are required to go through Survey No. 176 for approaching Survey No. 174 and the defendants of the proceeding had created obstruction on this way and so they were not able to approach their land for cultivation purpose. In the past, order was made in favour of these respondents but ultimately this Court in Writ Petition No. 8665/2012 had remanded the matter back and direction was given to follow the procedure given under the aforesaid Act before making the order. The new Mamlatdar, Tahsildar made inquiry and after visiting the spot, he made the order on 30-6-2013. This decision is confirmed by the Sub Divisional Officer by dismissing the revision.

(3.) Learned counsel for the petitioners argued that proper procedure was not followed this time also and the points which are required to be decided were not considered by the Mamlatdar. He submitted that the proceeding under section 5 of the Mamlatdars' Courts Act, 1906 (for short, the Act ) can be entertained only if following things are established.