to the respondents by removing obstruction. The main challenge raised in the petition is as regards section 5 (2) (4), which provides that the suit has to be brought within six months from the date of cause of action. The learned Advocate for the petitioner has taken this Court through the application filed by the respondents. From the application it is seen that no specific date is given of cause of action. Application was filed on 24.05.2018. The panchanama was prepared. In the panchanama it is stated that fencing was erected 4-5 years ago. He further pointed out second panchanam, which shows that the road is obstructed from three years. Even from the written submissions, the wording appears as since 2018 from time to time fencing is erected by the present petitioner. Since 2016 till 2018 from time to time fencing is raised. He thus submits that there is absolutely no case made out to entertain the application by the Tahsildar, as the application itself was not maintainable as not within limitation. He thus submits that the proceedings is required to be set aside. He relies upon judgments in the case of Shankar Vs. The State of Maharashtra, reported in MANU/MH/3436/2021 and Vishnu Sukhdev Ghanvat & Ors. Vs. The Collector, Ahmednagar & Ors., reported in MANU/MH/2022/2016 and two other judgments in support of the submissions. He lastly prayed for allowing the petition.
