Ramdas Kisan Jadhav vs Vitthal Dhondu Jadhav And Another
2017 Latest Caselaw 4671 Bom

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  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
            NAGPUR BENCH, NAGPUR

                     WRIT PETITION NO.6000 OF 2016

Ramdas Kisan Jadhav,
Occupation : Agriculturist,
R/o Kelwad, Tah. Chikli,
District Buldana
(Original Applicant)                                                      .... Petitioner

       -- Versus -

01]    Vitthal Dhondu Jadhav.

02]    Tukaram Vitthal Jadhav,

       Both r/o Kelwad, Tah. Chikli,
       (Original Respondents)                                       .... Respondents


Shri Shrikant Saoji, Advocate for the Petitioner.

                CORAM             : KUM. INDIRA JAIN, J.
                DATE              : JULY 18, 2017.


ORAL JUDGMENT :-


                Heard           Shri   Shrikant   Saoji,   learned        Counsel          for

petitioner.


02]             This petition takes an exception to the order dated

13/06/2016 passed by Sub-Divisional Officer, Buldana in Revenue

Case No.MCA-5/Kelwad/26/2015-2016 granting stay to the order

passed by Naib Tahsildar on 09/12/2015.



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03]             The facts giving rise to the petition may be stated in

brief as under :


            i. Petitioner claims himself to be the owner of land Gut

                No.72-B situated at Kelwad, Tahsil Chikhli, District

                Buldana.        Respondents are owners of adjoining land

                Gut No.72-A.          The grievance of petitioner is that 10

                feet      common        bullock-cart     road        from       common

                boundary         of   field   Gut   Nos.72-A        and      72-B       was

                obstructed by respondents.


            ii. Petitioner filed an application under Section 5 of the

                Mamlatdar's Courts Act, 1906 before Naib Tahsildar,

                Chikhli.        Vide order dated 09/12/2015, application

                preferred by petitioner was decided by Naib Tahsildar

                directing respondents to remove obstructions created

                by them and allow petitioner to use bullock-cart

                way/road to approach his field Gut No.72-B.


            iii. Being      aggrieved     by the order passed                   by Naib

                Tahsildar, respondents preferred revision before Sub-

                Divisional Officer, Buldana.            Pending revision, Sub-

                Divisional Officer passed order dated 13/06/2016




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                staying the order passed by Naib Tahsildar. It is this

                order, which is the subject matter of present writ

                petition.



04]             On perusal of impugned order, it can be seen that no

reason has been assigned by Sub-Divisional Officer for granting

stay to the reasoned order passed by Naib Tahsildar.                         As non-

application of mind is apparent on the face of order, interference

is warranted in writ jurisdiction. Hence, the following order :

                                      ORDER

I. Writ Petition No.6000/2016 is allowed in terms of

prayer clauses (ii) and (iii).

II. Matter is remanded to Sub-Divisional Officer,

Buldana for fresh decision in accordance with the

law on the application for stay preferred by

respondents.

III. No costs.

*sdw                                            (Kum. Indira Jain.J.)