PRAKASH WAMANRAO MASKE Vs. SUB-DIVISIONAL OFFICER

JUDGEMENT

(1.) Heard.

(2.) There is an application by respondent Nos. 3 to 11 made to Naib Tahsildar, Barsitakli. Their grievance is that, the present petitioner has closed their right to approach through land bearing Survey No. 215. Their right was obstructed by the petitioner by erecting an iron gate on 12/01/2018. The Naib Tahsildar conducted an enquiry under Section 5 of the Mamlatdar's Courts Act . He has upheld the contention of the petitioner and rejected the application vide order dated 26/11/2018. However, by exercising the revisional jurisdiction, the Sub-Divisional Officer Murtizapur has reversed that decision and held that the contesting respondents are having right to way, restrained the present petitioner from obstructing right of way of the contesting respondents. This decision is given on 13/11/2019.

(3.) The Circle Officer intends to give effect to the said decision and he has intimated the petitioner vide letter dated 23/12/2019 asking him to remain present on 27/12/2019. Being apprehensive of causing damage to the crop standing on land bearing Survey No. 219, the petitioner has approached this Court. Whether writ is the proper remedy or not is kept open.