Bombay High Court
Bhagwan Punjaji Dighe And Others vs Devidas Dnyandeo Pandit And Others on 7 October, 2019
Author: Ravindra V.Ghuge
Bench: Ravindra V.Ghuge
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.10456 OF 2019
BHAGWAN PUNJAJI DIGHE AND OTHERS
VERSUS
DEVIDAS DNYANDEO PANDIT AND OTHERS
Mr.D.S.Bagul h/f Mr.V.B.Madan, Advocate for the petitioners.
Mr.A.N.Nagargoje, Advocate for respondent No.1.
Mr.N.T.Bhagat, AGP for respondent Nos. 2 and 3.
( CORAM : Ravindra V.Ghuge, J.) DATE : 07/10/2019 PER COURT :
1. On 16/09/2019, this Court had passed the following order :-
"1. I have heard the learned Advocates for the respective sides and have perused the petition paper book.
2. The learned AGP shall ensure that the Circle Officer, Bawne- Pangari, Tq. Badnapur shall file his specific affidavit as regards the report submitted to the Tahsildar and state as to what did he find in the spot inspection, viz. was it a pathway or was it a cartway.
3. Similarly, the learned AGP shall ensure that the Tahsildar, Badnapur Ms. Chaya Pawar shall file her personal affidavit stating as to whether she noticed a pathway or a cartway, when she inspected the disputed land.khs/Oct. 2019/10456 ::: Uploaded on - 09/10/2019 ::: Downloaded on - 09/10/2019 23:24:35 ::: -2-
4. Both the affidavits with proper pagination, shall be filed on/or before 27.9.2019, failing which this Court would impose costs on the officer who has not filed the affidavit. Copies of the affidavits shall be served on the respective advocates.
5. List this petition in the passing orders category on 4.10.2019.
6. Until the next date in the matter, all concerned are at liberty to use the existing pathway and should refrain from using it as a cartway."
2. The Tahsildar, Smt.C.V.Pawar has filed her affidavit dated 26/09/2009. in Paragraph Nos. 5 and 7, she has averred as under :-
"5. I say and submit that, on 17.10.2018 the present deponent had also personally visited the spot alongwith the concerned Talathi and in the presence of panch witnesses. The date of spot inspection is already communicated to the respective parties. That, all the parties were present on the spot at the time of spot inspection. That, during the said spot inspection Respondent No.3 personally noticed that the pathway is in existence from the boundaries of Gut No.17 and 18 and same passes through the village Chitoda towards the village Hivra Rala from the Gut No.112, 111, 5, 6, 7, 25 and 19 and 18 and further passes through Gut No.20 towards village Hivra Rala in East-West direction. The same pathway is also shown in the khs/Oct. 2019/10456 ::: Uploaded on - 09/10/2019 ::: Downloaded on - 09/10/2019 23:24:35 ::: -3- village map in single dotted line. The width of the pathway is approximately 8 feet. The respondent No.3 further noticed that the said pathway is used by the other land holders for their agricultural activities part from the applicant and non applicants. The copy of village map is annexed herewith and marked as Exhibit "R-1".
7. I say and submit that, after conducting the spot inspection and giving an opportunity of hearing to all the parties and complying the principles of natural justice and also considering the circular dated 04.07.2018 regarding the removal of obstruction by Constituting Committee at village level for the redressal of grievance of village road, panand road, shet road, shiv road for the use of agricultural purpose. That in the said Circular the pathway is shown in the single dotted line in the village map and which is having approximate width of 8 ¼ feet."
3. The learned AGP clarifies that the Government has issued a circular, which clearly mentions that if the path has about 8 feet width, it would be termed as a "paulwat", which is a pathway. If the width is more than 8 feet and upto 21 feet, it is called as a "cart way".
4. In view of the above, this petition be listed on 13/11/2019 after the fresh admissions board is over for further consideration.
khs/Oct. 2019/10456 ::: Uploaded on - 09/10/2019 ::: Downloaded on - 09/10/2019 23:24:35 ::: -4-5. Until then, the pathway at issue shall be used for the said purpose and any obstacles, notwithstanding the contention of the petitioners that there is no obstacle, shall be removed by the petitioners themselves within 48 hours, failing which, the Tahsildar shall use the Government machinery for clearing the obstacles.
Costs of such exercise shall be imposed on the petitioners, who shall pay to the Government machinery within 8 days, failing which, that amount shall be recovered from them as arrears of land revenue alongwith maximum interest.
( Ravindra V.Ghuge, J.) khs/Oct. 2019/10456 ::: Uploaded on - 09/10/2019 ::: Downloaded on - 09/10/2019 23:24:35 :::