GAURAKSHAN SANSTHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Heard finally with the consent of the parties.

(2.) The petitioner - Trust through its power of attorney holder has challenged the order dated 10-8-2017 as passed by the Naib Tahasildar that has been confirmed by the Additional Collector by his order dated 6-11-2017. By that order the application filed by the respondent No.3 herein under Section 7 of the Mamlatdar's Courts Act, 1906 (for short, the said Act) has been allowed and the petitioner has been directed to remove the obstruction as caused.

(3.) Shri N. R. Tekade, learned Counsel for the petitioner submitted that the application dated 25-4-2017 as filed by the respondent No.3 was not supported by any affidavit as required by provisions of Section 7 of the said Act. According to him, it was a mandatory requirement that proceedings under the said Act had to be commenced by way of a plaint and though this specific objection was raised in the reply filed before the Naib Tahasildar, the same had not been considered. Moreover, the cause of action had been vaguely stated and further without any evidence on record the said application has been allowed. He referred to the reply filed in the said proceedings as well as the revision application filed before the Additional Collector raising these grounds. According to him, these aspects go to the root of the matter and without considering the same the impugned order has been passed.