JAGDISH SHRIRAM DHANDE Vs. RAMCHANDRA CHINDUJI DHANDE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with the consent of learned Counsel for the parties.

(2.) The challenge raised in the present writ petitionis tothe Orderdated 31.10.2018 passed by the Resident Deputy Collector in proceedings under section 23 of the Mamlatdars ' Court 's Act, 1906 (for short, 'the said Act '). By that order the Revisional Authority has affirmed the order passed by the Naib Tahsildar on 6.6.2018.

(3.) The respondent No. 1 moved an application under section 7 of the said Act on 14.5.2018 stating therein that the petitioner was obstructing his right of way. It was further prayed that such obstruction be removedby invoking the provisions of the said Act. On 19.5.2018 the Circle Officer conducted spot inspection and submitted his report to the Naib Tahsildar. The Naib Tahsildar issued a notice 25.5.2018 and directed the parties to remain present on 1.6.2018 for undertaking such inspection. On 1.6.2018 the spot inspection was accordingly conducted and on 6.6.2018 the Naib Tahsildar allowed the application in question. The petitioner filed a revision application which was dismissed by the Resident Deputy Collector on 31.10.2018. Being aggrieved, the said order has been challenged in the writ petition.