Bombay High Court
Ramchandra Jaysing Nikam And Anr vs The State Of Maharashtra Through Agp ... on 21 May, 2026
503-WPST-4257-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
WRIT PETITION(ST) NO. 4257 OF 2026
Ramchandra Jaysing Nikam And Anr.
Versus
The State of Maharashtra Through AGP High Court And Ors.
Mr. Sumit Dhanawade i/b R.V. Bansode for the Petitioners.
Mr. Avinash A. Naik AGP for the Respondent Nos.1 to 3-State.
CORAM : SACHIN S. DESHMUKH, J.
DATE : 21st MAY, 2026
[VACATION COURT]
P. C. :
1. It is the contention of the learned counsel for the Petitioners that Respondent Nos.4 to 9, while taking recourse to Section 5 of the Mamlatdars' Courts Act, presented an application asserting that the access road to their land had been obstructed by the present Petitioners. The concerned authority, while entertaining the application, directed that a panchanama be conducted. However, while drawing the said panchanama, no notice to that effect was served upon the Petitioners. The said aspect has been conveniently ignored by the concerned authority in the first instance as well as by the appellate authority. As such, serious prejudice has been caused to the present Petitioners.
2. The learned counsel for the Petitioners has categorically submitted that no notice was served upon the Petitioners during the Sajakali Jamadar 1 of 2 ::: Uploaded on - 21/05/2026 ::: Downloaded on - 21/05/2026 21:20:30 ::: 503-WPST-4257-2026.doc process of drawing the panchanama and, therefore, the impugned orders rendered by the authorities below are unsustainable.
3. In that view of the matter, issue notice to the Respondents, returnable on 16th June, 2026.
4. Learned AGP waives service of notice on behalf of Respondent Nos. 1 to 3 - State.
5. In addition to the Court notice, the Petitioners are permitted to serve the Respondents privately and shall file an affidavit of service before the next date.
6. In view of the above, the parties are directed to maintain status quo, as on today, till the next date of hearing only.
[SACHIN S. DESHMUKH, J.]
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