The High Court dismissed a writ petition under Article 226 challenging orders of the Mamlatdar and Additional Collector for obstructing an existing road belonging to respondents in wahiwat, quashing no fault found in impugned orders.
Writ petition dismissed; no order on obstruction.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 1148 OF 2012
Smt. Sukhawati Arnju Mundhe and Ors. ..Petitioners. Versus Madhukar Maruti Bangar and Others. ..Respondents.
Mr. Uday Warunjikar for the petitioners.
Coram : RANJIT MORE, J. Date : April 4, 2012 .
P. C. :
petitioners. By this petition filed under Article 227 of the Constitution of India, the petitioners have challenged the order of the Mamalatdar passed under section 5 of the Mamalatdars Court Act, 1906 as well as the order of the Additional Collector passed in the revision preferred against the order of the Mamalatdar.
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panchnama of the spot shows that the road of the respondents was obstructed by the petitioners. The record shows that the road in question was existing road which was in the wahiwat of the respondents and the petitioner wrongly obstructed the same. In these circumstances, no fault can be found in the impugned order. If the petitioners claim any right in respect of the said road, then it is always open to them to approach the civil Court. With these observations, writ petition is dismissed.
(RANJIT MORE, J.)
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3 issues framed by the court
Whether the writ petition challenging the Mamlatdar's order under section 5 of the Mamalatdars Court Act, 1906 should be allowed.
Whether the obstruction of an existing road in the respondents' wahiwat warrants dismissal of the writ petition.
Whether petitioners can approach civil court for rights in respect of the said road.
2 provisions across 2 enactments
Smt. Sukhawati Arnju Mundhe and Ors.
Madhukar Maruti Bangar and Others
RANJIT MORE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
