Petition challenged a Mamlatdar's order granting relief on an application for way to land, arguing it was filed beyond the six-month limit. The court held sections 8 and 9 require the Mamlatdar to cure particulars by examining the plaintiff, and dismissed the petition.
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.
902-wp5443-24.doc
vai
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
VASANT ANANDRAO IDHOL
Digitally CIVIL APPELLATE JURISDICTION signed by VASANT ANANDRAO IDHOL
Date:2024.06.19 WRIT PETITION NO.5443 OF 2024 17:05:15 +0530
Mallikarjun L. Birajdar ...Petitioner V/s. Kalavati G. Chikkalli ...Respondent
Mr.Pradeep Salgar for the Petitioner.
Mr.S.D. Rayrikar, AGP for the State - Respondent.
CORAM : AVINASH G. GHAROTE, J. DATE : 19TH JUNE, 2024.
P.C. :-
1/3
902-wp5443-24.doc
petitioner before the learned SDO in revision ought to have been allowed on account of which the impugned order dated 13.3.2024 (page 68) is unsustainable in law.
2/3
902-wp5443-24.doc
plaint is required to be rejected or injunction can be granted on that ground. For failure of the duty of the Mamlatdar as
contained in sections 8 and 9 of MM Act blame cannot be laid at
the door step of the plaint, considering the level of ill-literacy in the villages. I therefore, do not see any reason to interfere in the impugned order passed by the Revisional Authority on the above ground.
(AVINASH G. GHAROTE, J.)
3/3
1 issue framed by the court
Whether a Mamlatdar's Courts Act application filed beyond six months could be entertained despite discrepancies in the stated cause of action date.
2 provisions across 1 enactments
Mallikarjun L. Birajdar
Kalavati G. Chikkalli
Avinash G. Gharote
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
