Dundappa Aprai Sankeshwari v. Vikas Raoso Jadhav and Ors.
Case brief
What is this about?
Writ petition concerning a right of way recognised by a 1944 agreement and revenue entry, which the Tehsildar accepted but the Sub-Divisional Officer rejected citing failure to prove obstruction. The court issued notice to respondents with ad-interim relief.
What did the court decide?
Notice to respondent Nos.1-8 returnable 24 June 2024; ad-interim relief in terms of prayer clause (b) until further orders.
What the court decided
30-wp-4839-2024.doc
Shabnoor
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.4839 OF 2024
SHABNOOR AYUB PATHAN
Digitally signed bySHABNOOR AYUBPATHAN Date: 2024.04.1518:17:36 +0530
Dundappa Aprai Sankeshwari … Petitioner V/s. Vikas Raoso Jadhav & Ors … Respondents
Mr. Chetan G. Patil i/by Mr. Mandar G. Bagkar, for Petitioner.
Mrs. V. R. Raje, AGP for State/Respondent Nos.9 to 11.
CORAM : AMIT BORKAR, J.
DATED : APRIL 15, 2024
P.C.:
- Prima facie, it appears that the petitioner’s right of way was recognized by an agreement executed in the year 1944 and corresponding revenue entry to that effect. The Tehsildar accepts petitioner’s contention based on the aforesaid agreement and mutation entry. However, the Sub-Divisional Officer has allowed the revision only on the ground of failure to prove obstruction by the plaintiff. Hence, issue notice to respondent Nos.1 to 8, returnable on 24 June 2024 .
Issues for consideration
1 issue framed by the court
Whether the petitioner's right of way recognised by a 1944 agreement and revenue entry was wrongly set aside by the Sub-Divisional Officer for failure to prove obstruction.
Parties & counsel
- petitioner
Shabnoor Ayub Pathan (Dundappa Aprai Sankeshwari)
- respondent
Vikas Raoso Jadhav
Coram
Amit Borkar
Case details
As recorded by the court registry
All orders in this case
3 orders share this CNR
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