Bombay High Court, Nagpur Bench (Prafulla S. Khubalkar, J.), Writ Petition No.3348 of 2025, decided 26 February 2026 — A cultivator (owner of Survey No.20, Belora, Tq. Pusad, Dist. Yavatmal) challenged the Mamlatdar's order dated 19.06.2024 and the Sub-Divisional Officer's order dated 12.06.2025 granting respondent nos.3-12 an approach way through his field. Procedural background: the Mamlatdar had first allowed the way on 16.02.2023; the petitioner's revision was partly allowed on 19.06.2023 with a remand directing a fresh spot inspection and enquiry into any prior approach way; instead of deciding the remanded matter, the Mamlatdar entertained a fresh application dated 28.12.2023 and allowed it on 19.06.2024, and the SDO rejected the petitioner's revision on 12.06.2025. Held: (i) entertaining the fresh application instead of the remanded proceedings was not a patent illegality, since the same controversy was decided on relevant material, including spot inspection reports of the Circle Officer, Belora (map at Annexture-R1) and the Talathi, showing the respondents' lands surrounded by water on all sides except towards Survey No.20, the best approach being from its northern boundary; (ii) the pendency of Special Civil Suit No.18 of 2025 (plaintiffs claiming declaration of right of way through Survey No.20) was acknowledged and the parties' rights left to be decided there, but until the civil court orders otherwise a right of way was necessary, so the impugned orders needed no interference at this stage; (iii) the orders were passed on available material looking to the exigency of the situation and no perversity was found. Petition dismissed with no order as to costs; Rule discharged. (Contentions noted: petitioner relied on alleged non-compliance with Sections 7 to 11 of the Mamlatdar’s Court's Act, 1906 and trees planted on his field; respondents pointed to obstruction and access to their lands only via Survey No.20.)
