Bombay High Court
Pravin S/O Sheshrao Chavhan vs Premsingh S/O Sitaram Rathod And ... on 25 October, 2021
Bench: Avinash G. Gharote
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 1871 OF 2018
Pravin S/o. Sheshrao Chavhan,
Aged about 33 years,
Occ. Agriculturist,
R/o. Amla Khurd, Tah. Digras,
Dist. Yavatmal. PETITIONER
...Versus...
1. Premsingh S/o. Sitaram Rathod,
Aged about 48 years,
Occ. Agriculturist,
R/o. Amla Khurd, Tah. Digras,
Dist. Yavatmal.
2. Sitaram S/o. Kaniram Rathod,
Aged about 65 years,
Occ. Agriculturist,
R/o. Amla Khurd, Tah. Digras,
Dist. Yavatmal.
3. Arvind S/o. Sitaram Rathod,
Aged about 42 years,
Occ. Agriculturist,
R/o. Amla Khurd, Tah. Digras,
Dist. Yavatmal.
4. Pandit S/o. Kisan Rathod,
Aged about 32 years,
Occ. Agriculturist,
R/o. Amla Khurd, Tah. Digras,
Dist. Yavatmal.
5. Kisan S/o. Haju Rathod,
Aged about 65 years,
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Occ. Agriculturist,
R/o. Amla Khurd, Tah. Digras,
Dist. Yavatmal.
6. Tukaram S/o. Haju Rathod,
Aged about 45 years,
Occ. Agriculturist,
R/o. Amla Khurd, Tah. Digras,
Dist. Yavatmal.
7. Tulsiram S/o. Haju Rathod,
Aged about 60 years,
Occ. Agriculturist,
R/o. Amla Khurd, Tah. Digras,
Dist. Yavatmal.
8. Yuvraj S/o. Kisan Rathod,
Aged about 30 years,
Occ. Agriculturist,
R/o. Amla Khurd, Tah. Digras,
Dist. Yavatmal.
9. Dilip S/o. Isram Chavhan,
Aged about 55 years,
Occ. Agriculturist,
R/o. Amla Khurd, Tah. Digras,
Dist. Yavatmal.
10. Sub Divisional Officer,
Pusad, Dist. Yavatmal.
11. Naib Tahsildar cum Member,
Mamlatdar Court, Digras,
Tah, and district Yavatmal. RESPONDENTS
-----------------------------------------------
Mr. M.P. Kariya, Advocate for the Petitioner.
Mr. V.N. Patre, Advocate for Respondent Nos. 1 to 9.
Ms. Tajwar Khan, AGP for Respondent Nos. 10 & 11.
-----------------------------------------------
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CORAM : AVINASH G. GHAROTE, J.
DATED : 25th OCTOBER, 2021.
ORAL JUDGMENT :-
Heard.
2. Rule, Rule made returnable forthwith. Heard finally
with the consent of the learned counsel for the rival parties.
3. There is a serious dispute as to the location of the
land of Survey No. 87, Mouza Amla Khurd, Taluka Digras as
several maps have been placed on record which do not fix the
location of Survey No. 87. The last such map, has been placed
on record by Ms. Khan, learned AGP for the respondent Nos. 10
& 11 and Mr. Kariya, learned counsel for the petitioner,
considering the location of Survey No. 87 as shown therein, has
no objection for the respondent Nos. 1 to 9 for user of the road
as according to him, the map does not indicate the correct
location of Survey No. 87. The earlier maps placed on record
and specifically the consolidation map places the location of
Survey No. 87 somewhere else. It is therefore necessary, for the
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location of Survey No. 87 to be determined. Since, the
determination of the location goes to very root of the matter,
both the impugned orders, which do not consider the situation
in light of the Village maps, cannot be sustained and they are
quashed and set aside.
4. The matter is remanded back to the learned
Mamlatdar to pass an appropriate order afresh after
determining the location of the respective lands in dispute in
reference to the map which is placed on record by the learned
AGP, which is dated 13.09.2021. Till such time, determination in
the above manner is done by the learned Mamlatdar, the
respondent Nos. 1 to 9 shall be entitled to use the road, which
they have been using in pursuance to the order passed by the
learned Mamlatdar.
5. Learned Mamlatdar, shall decide the entire matter
within a period of two months from today. Parties to appear
before the learned Mamlatdar on 28.10.2021 and place before
him the copy of the map which has been submitted on record by
the learned AGP.
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6. Petition is disposed of in above terms.
7. Pending application/s, if any, shall stands disposed
of accordingly.
8. Rule is discharged.
( AVINASH G. GHAROTE, J.)
S.D.Bhimte
