INDRAWATI RAJNDRAPRASAD GUPTA, Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule made returnable forthwith. Heard the matter finally by consent of the learned counsels appearing for the parties.

(2.) The petitioners are the owners of land Survey No. 624, whereas respondent No.7 is the owner of land Survey No. 623. It is not in dispute that respondent No.7 has started a school in land Survey No. 623 and the claim before the Tahsildar was in respect of removal of obstruction/ opening of Government road flowing from North to South from Survey No. 624 belonging to the petitioners. The Tahsildar rejected this application under Section 5 of the Mamlatdar Courts' Act by an order dated 10.06.2015, whereas in revision under Section 23(2) of the Mamlatdar Coruts' Act, the Sub Divisional Officer, Khamgaon has set aside the order of Tahsildar on 20.06.2016, directing the petitioners to remove the obstruction created in the Government road flowing from his field Survey No. 624. Hence, this writ petition by the original nonapplicants.

(3.) The fact that there existed a Government road flowing from North to South from the field Survey No. 624 is not in dispute and this is also the finding recorded by the Tahsildar, who rejected the application. The Tahsildar in his order further observed that such road stops at the end of Survey No. 624 on the southern side and there is nothing to connect this road to Survey No. 623 belonging to respondent No.7. The finding is based upon the spot inspection conducted on 10.06.2015 by the Naib Tahsildar himself, who passed the order. The Sub Divisional Officer in exercise of his revisional jurisdiction records a finding that the Government road joins field Survey No. 623 belonging to respondent No.7.