DIWAKAR NAMDEO CHAVAN Vs. PANDURANG TUKARAM MANE

JUDGEMENT

(1.) Rule. Heard finally in view of the short issue involved.

(2.) The orders passed under the provisions of Mamlatdar Court's Act, 1906 (for short, 'the said Act') are the subject matter of challenge in the present writ petition.

(3.) The petitioners are the owners of the field Gat No.257 while the respondent nos. 1 to 3 are the owners of Gat No.261. Initially the respondent nos. 1 to 3 had filed an application dated 19.02.2014 stating therein that the petitioners nos. 1 and 2 had obstructed the right of way to approach their respective fields. Thereafter on 02.06.2014 the respondent nos. 1 to 3 sought permission to amend the proceedings in view of the requirements of the said Act. This permission was granted on 23.06.2014 by the Naib Tahsildar. On that basis a fresh application came to be filed on 26.06.2014 . In the reply filed by the petitioners an objection was raised that the proceedings as filed were not in accordance with the provisions of the said Act and hence in absence of any affidavit in support of the application, it was not liable to be entertained. The Naib Tahsildar however despite noting that objection did not consider the same. The application as filed was allowed. The Revisional Authority has also failed to consider that aspect of the matter and dismissed the revision application.