Daulat Shankar Pandharkar And ... vs The State Of Maharashtra Through ...
2021 Latest Caselaw 14514 Bom

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                 WRIT PETITION NO.10761 OF 2021
(Daulat Shankar Pandharkar and others Vs. The State of Maharashtra and
                               others)

                                      ----
Mr. Amol S. Sawant, Advocate for the petitioners
Mr. P.N. Kutti, A.G.P. for respondent Nos.1 to 3/State
                                      ----

                                       CORAM :    MANGESH S. PATIL, J.

DATE : 05.10.2021

PER COURT :

Heard.

2. The claim of the contesting respondents regarding obstruction

to a customary way has been upheld by the Mamlatdar in a proceeding

under Section 5(2) of the Mamlatdars' Courts Act and the revision

preferred by the petitioners before the Sub-Divisional Officer has been

dismissed by the impugned judgment and order.

3. The perusal of the judgment passed by the Mamlatdar prima

facie reveals that though it was a proceeding under Section 5 (2) of the

Mamlatdars' Court Act, which is expected to be tried as a suit, the

judgment and the rojnama reveal that except by conducting the spot

inspection, no any other sort of proceeding was conducted before

rendering the judgment. Again, a statement allegedly made by the

2 WP10761-2021.odt petitioners conceding to the existence of the customary way and its

obstruction has been resorted to draw an inference upholding the claim of

the respondents. The ad-interim relief in the form of stay to the execution

and operation of the order passed by the Mamlatdar was in operation

during pendency of the revision before the Sub-Divisional Officer.

4. Issue notice, returnable on 30.11.2021. The learned A.G.P.

waives service of notice for respondent Nos.1 to 3.

5. There shall be ad-interim relief in terms of prayer clause (B)

till the next date.

[MANGESH S. PATIL] JUDGE

npj/WP10761-2021.odt