RUSTAMRAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule made returnable forthwith. With the consent of learned Counsel for the parties, this petition is heard finally at the stage of admission.

(2.) This petition under Article 226 of the Constitution of India prays for issuance of a writ of mandamus directing respondents to remove the encroachment on the public road, namely Kawalgaon to Ganga Bet and further prays that this road be opened for use of the residents of the locality.

(3.) Certain complaint appears to have been lodged by the petitioner complaining therein that the respondent no.5 had erected a compound wall from the Telephone office to the school and thereby had obstructed the villagers and had prevented villagers from using public road, namely Kawalgaon to Ganga Bet. We need not enter into the disputed question as to whether public road exists or not in the light of the fact that pursuant to the complaint filed by the petitioner, the Tahsildar had taken cognizance of the complaint and had issued notice to the fifth respondent. This was obviously done some time on 29.1.2005. Thereafter no action appears to have been taken or initiated by the Tahsildar. Mr A.S. Deshpande, learned Counsel appearing on behalf of fifth respondent has tendered before us a communication addressed by the Tahsildar, Purna to the Sarpanch of village, Kawalgaon. The aforesaid communication is marked "X" and taken on record.