The High Court dismissed a writ petition challenging an order directing the petitioner to remove obstruction in a customary way. The Court held that the lower authorities correctly found the way passed through common bandh land and found no fault in the impugned order.
Writ petition dismissed; no order as to costs.
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.
WP 2270.2015.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 2270 OF 2015
DHUDKU SANDU SAPKALE VERSUS
STATE OF MAHARASHTRA AND OTHERS
Advocate for Petitioners : Mr. Shinde Chandrakant K. AGP for Respondents: Mr. S N Kendre Advocate for Respondents 4,5 : Mr Patil Ujwal Subhash
CORAM : V.K. JADHAV, J. Dated: January 08, 2018
PER COURT :-
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a] Respondent nos. 4 to 6 herein had filed an application before the Tahsildar alleging therein that customary way existed on the northern side boundary of gat no.192/1 and southern side boundary of gat no.186 proceeding towards land gat no.189/1 and 189/2 owned and possessed by them has been closed by the petitioner herein on 30.7.2013 and prayed for removal of the obstruction or impediment in the use of the said way under section 5 of the Mamlatdar's Courts Act. The Tahsildar, Yawal had visited the site and drawn a rough map of the location. He also recorded the statements of the parties and by order dated 12.2.2014 directed the petitioner herein to remove the obstruction/impediment caused by him in the use and enjoyment of a customary way as detailed above. Being aggrieved by the same, the petitioner filed revision bearing Vahiwat Revision no.5/2014 under section 23(2) of the Mamlatdar's Courts Act before the learned S.D.O. Faijpur and the learned S.D.O. by order dated 31.1.2015 rejected the said revision application and confirmed the order passed by the Tahsildar. Hence, this writ petition.
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3 WP 2270.2015.odt
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4 WP 2270.2015.odt
impediment caused by the petitioner in the customary way and as such, no interference is required.
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WP 2270.2015.odt
5
order.
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the order. Hence, following order.
O R D E R
( V.K. JADHAV, J. )
…
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2 issues framed by the court
Whether the writ petition challenging the Tahsildar's order directed to remove obstruction in a customary way should be allowed.
Whether the ground that there are no common boundaries of the lands in question has substance when the lower authorities found a customary way passing through common bandh land.
2 provisions across 1 enactments
DHUDKU SANDU SAPKALE
STATE OF MAHARASHTRA
OTHERS
V.K. JADHAV
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
