Petitioners challenged the Collector's order permitting an approach way through their field. The court examined village maps and confirmed the road's existence, finding no error by the Collector, and dismissed the writ petition.
Writ petition dismissed with no specific orders for quashing the order dated 08.11.2019.
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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2024:BHC-NAG:4796
58.wp.1161.20.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
WRIT PETITION NO.1161 OF 2020
Shri Eknath S/o Sampat Tale and another .Vs. The Collector, Buldhana, Collector office, Buldhana and others
Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order
Shri M.V. Rai, Advocate for petitioners. Shri J.Y. Ghurde, A.G.P. for respondent Nos.1 to 3/State. Shri Nikhil Waghmare, Adv. h/f Shri P.B. Patil, Adv. for respondent Nos.4 and 5.
CORAM : ANIL S. KILOR, J. DATED : 24/04/2024
C.L. Dhakate
2 58.wp.1161.20.odt
remove such obstruction and clear the approached way of the respondent Nos.4 and 5.
Shri Rai, learned counsel for the petitioners submits that, the approached way which has been granted by the Collector is not in existence but the way shown by letters A, B and C in the map at Page No.53 of the petition is the way available to the respondent Nos.4 and 5. It is submitted that, there is no such way available as granted by the Collector.
C.L. Dhakate
3 58.wp.1161.20.odt
JUDGE
C.L. Dhakate
2 issues framed by the court
Whether the approach way claimed by the respondents is in existence as stated by the Collector.
Whether the writ petition challenging the Collector's order was maintainable.
Shri Eknath S/o Sampat Tale and another
The Collector, Buldhana
Anil S. Kilor
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
