Bombay High Court
Baban S/O. Bhimrao Manikrao ... vs The Sub-Divisional Officer ... on 27 January, 2021
Bench: V.M. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.5328 OF 2016
Baban s/o @ Bhimrao Manikrao Dhondge,
Age 50 years, Occ. Agriculturist
R/o Bhalegaon, Tq. Mehkar,
Distt. Buldhana ...PETITIONER
...V E R S U S...
1) The Sub-Divisional Officer,
Mehkar, Dist. Buldhana.
2) The Nayab Tahsildar, Mehkar.
3) Shivnarayan Himatrao Dhondge,
Age-50 years, Occ.- Agriculturist,
R/o Bhalegaon, Tq. Mehkar,
Dist. Buldhana.
4) Samadhan Kisan Dhondge,
Age - 52 years, Occ.- Agriculturist,
R/o. Bhalegaon, Tq. Mehkar,
Dist. Buldhana. ...RESPONDENTS
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Shri P.S. Kshirsagar, Advocate for petitioner.
Smt. M.A. Barabde, A.G.P. for respondent Nos.1 and 2.
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CORAM:- V. M. DESHPANDE, J.
DATED :- JANUARY 27, 2021.
ORAL JUDGMENT
1. Rule. Rule is made returnable forthwith. The petition
is decided at the stage of admission, in view of the order dated
28.09.2017 passed by this Court.
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2. The petitioner is represented by learned counsel
Shri P.S. Kshirsagar. By order dated 28.09.2017 notices were
issued, respondent nos.1 and 2 are represented by Smt. M.A.
Barabde, learned Assistant Government Pleader. Shri D.L. Raut,
learned counsel filed Vakalatnama on behalf of respondent Nos.3
and 4, however he did not remain present when this writ petition
was taken up for final hearing. Even on 03.03.2020 also he was
not present.
3. Respondent no.3-Shivnarayan Himatrao Dhondge
filed an application purportedly under Section 5 of the
Mamlatdar's Courts Act, 1906 stating therein that the present
petitioner has obstructed his way of approach to his agricultural
field i.e. Gat No.46. The Nayab Tahsildar, Mehkar passed an order
on 09.06.2015. Though the Nayab Tahsildar dismissed the
application, in the body of the order it is observed as under :
"4- vtZnkj ;kaps lk{kh o iqjkos o#u vls fnlwu ;srs dh]
xSjvtZnkj ;kauh vtZnkjkpk oghokVh jLrk vMfoysyk vkgs-"
4. The applicant before the Mamlatdar i.e. respondent
No.3 herein, filed a revision under Section 23 of the Mamlatdar's
Courts Act, 1906 before the Sub-Division Officer, Mehkar, who
allowed the revision. Against that, the present writ petition is filed.
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5. Shri Kshirsagar, learned counsel for the petitioner has
invited my attention to the order passed by this Court on
03.03.2020, by which this Court has appointed the Tahsildar,
Mehkar as Commissioner and was directed to personally visit the
spot in presence of both parties along with the relevant record and
prepare a map showing the factual position on the spot regarding
the way available for ingress and egress to the agricultural land of
respondent nos. 3 and 4 i.e. Gat Nos.43 and 44. Accordingly, the
Tahsildar conducted spot inspection.
6. The learned Assistant Government Pleader filed pursis
stamp no.3 of 2021, placed the spot panchanama on record. It
would be useful to reproduce the clause No.4 of the said report:
"4- vkt jksth 46 P;k nf{k.k /kq&;koj 43 o 44 e/;s
tk.;kdjhrk ofgokV fnlqu vkyh ukgh rFkkih xV uacj 43
o 44 e/;s tk.;kdjhrk nqljk dks.krkgh Ik;kZ;h jLrk
vlY;kps fnlqu vkys ukgh-"
7. In view of the said, in my view, this matter needs fresh
consideration by the Authorities below and therefore in the light
of spot panchanama report dated 20.03.2020, which is filed before
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this Court in view of the earlier directions of this Court the matter
is remanded back to the Sub-Divisional Officer, Mehkar for
deciding the revision afresh by giving opportunity of hearing to
both the petitioner and the respondent Nos. 3 and 4, herein.
The writ petition is disposed of. Rule is made absolute
in above terms. No order as to costs.
JUDGE
Wagh
