RAMESH DAMU PATIL Vs. PURUSHOTTAM UMRAO CHAVAN

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Taken up for final hearing with the consent of counsel for both sides.

(2.) The petitioner has assailed the order dated 30.10.2012 passed by the learned Sub Divisional Officer, Jalgaon in Revision Application No. 25 of 2011 thereby confirming the order passed by the learned Tahsildar, Jamner in the proceeding Vahivat Case No. 63 of 2010, dated 8th Dec., 2010, rebuffing the relief for cart track from the land of the respondent to egress ingress of the land of the petitioner Gat No. 142/1 of village Savrala, Taluka Jamner.

(3.) It has been contended that the petitioner is the owner of the land Gat No. 142 admeasuring 61R located at village Savrala, Taluka Jamner, District Jalgaon. Petitioner has to approach to his land from way/cart track in existence from land Gat No. 146/1/A-1/1 of the respondent Purushottam Chavan, Gat No. 138 owned by respondent Shivram Jadhav and Gat No. 141 owned by respondent Tulsabai Govinda Jadhav and Suresh Jadhav. The petitioner alleged that respondent created obstruction in the enjoyment of the way/cart track by him. Therefore, he approached to the Tahsildar, Jamner and filed proceeding bearing Vahivat Case No. 14 of 2008 against the respondents. The learned Tahsildar, after appreciating the circumstances on record, allowed the application and bade the respondents not to create obstructions in the enjoyment of the way/cart track leading to Gat No. 142/1 from the East-West Bandh (boundry) of Gat No. 146/1/A-1/1 of the respondents.