Shri. Pramod S/O Panditrao Wakode ... vs The Sub Divisional Officer, Tq. ...
2018 Latest Caselaw 515 Bom

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

                        WRIT PETITION NO. 5792/2017

 1]     Shri Pramod S/o Panditrao Wakode,
        Aged about 52 years, Occ. Service

 2]     Shri Abdul Majeed S/o Abdul Muneer,
        Aged about 65 years, Occ. Agriculture

 3]     Shri Mangesh S/o Ramesh Lende,
        Aged about 32 years, Occ. Agriculture

 4]     Shri Dinesh S/o Ramesh Lende,
        Aged about 35 years, Occ. Agriculture

        All 1 to 4 R/o: Shirajgaon Band, 
        Tq. Chandur Bazar Distt. Amravati           ... PETITIONERS


                               ...V E R S U S...

 1]     The Sub Divisional Officer, 
        The Sub Divisional Office Achalpur,
        Tq. Achalpur Distt. Amravati

 2]     The Naib Tahsildar,
        Tahsil Office Chandur Bazar,
        Tq. Chandur Bazar Distt. Amravati

 3]     Shri Samad Mulla S/o Bashir Mulla,
        Aged about 65 years, Occ. Agriculture,
        R/o Shirajgaon Band, 
        Tq. Chandur Bazar Distt. Amravati      ... RESPONDENTS


 ===================================
         Shri G.R. Sadar, Advocate for the petitioners
    Miss H.N.Prabhu, AGP for the respondent nos. 1 and 2
     Miss A.A. Ghonge, Advocate for the respondent no. 3
 ===================================




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                                          CORAM:- Z.A. HAQ,J.

th DATED :- 16 JANUARY, 2018

ORAL JUDGMENT :-

Heard.

Rule. Rule made returnable forthwith.

2] The petitioners had filed application under Section 5

the Mamlatdar's Courts Act, 1906 staking their claim for the way

as stated in the application. The Mamlatdar accepted the claim of

the petitioners by the order dated 13/10/2016. This order was

challenged by the respondent no. 3 in revision which is allowed by

the Deputy Collector by the impugned order. The learned Deputy

Collector has recorded that in the proceedings before the Civil

Court, in Regular Civil Appeal No. 145/2007 filed by the

respondents against the petitioner no. 2 and Mohd. Jakir Mohd.

Sarwar, the District Court has held that the way as claimed by

Mohd. Jakir Mohd. Sarwar and Abdul Majeed Adbul Muneer

(present petitioner no. 2) does not exist and as the petitioners are

claiming the same way in the proceedings under the Mamlatdar's

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Courts Act, 1906 the same cannot be granted as the findings

recorded in Regular Civil Appeal No. 145/2007 operate as res-

judicata.

The order passed by the Deputy Collector allowing the

revision application filed by the present respondents and

dismissing the application filed by the present petitioners under

Section 5 of the Mamlatdar's Courts Act, 1906 cannot be faulted

with.

3] Faced with the situation, the learned advocate for the

petitioners sought permission to approach the revenue authority

under Section 143 of the Maharashtra Land Revenue Code,1966.

Though the request made on behalf of the petitioners is opposed

by the advocate appearing for the respondent no. 3, I am of the

view that the judgment passed in Regular Civil Appeal No.

145/2007 and the order passed by the Deputy Collector do not

preclude the petitioners from approaching the revenue authority

under Section 143 of the Maharashtra Land Revenue Code, 1966.

The petitioners may approach the revenue authority accordingly, if

so advised and if such application is filed, it will be considered by

the revenue authority on its merits.

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With the above observations, the writ petition is

disposed. In the circumstances, the parties to bear their own costs.

JUDGE

Ansari