Bombay High Court
Dilip Malhari Nemane vs The State Of Maharashtra And Others on 11 December, 2019
Author: V.K. Jadhav
Bench: V.K. Jadhav
1 WP 7482.2018.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.7482 OF 2018
DILIP MALHARI NEMANE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioner : Mr. D.A. Mane h/f P A Bharat
AGP for Respondent Nos.1 to 4 : Mr. K B Jadhavar
Advocate for Respondents 8,9, 5A, 6A: Mr.Tarde Vivek V.
Mr D M Pingale Advocate for respondent No.10-A.
...
CORAM : V.K. JADHAV, J.
Dated: December 11, 2019
...
PER COURT :-
1. Learned counsel for both the parties, on
instructions, submits that, the respective clients have
no objection if the matter is remanded to the Tahsildar,
Shevgaon.
2. It appears that the copy of the village map is
produced on record indicating the road in between the
land of the petitioner/original applicant bearing gat
no.191/1 and the land survey no.190 belonging to
respondents nos. 5 to 11. So far as Shevgaon-Georai
road which is shown in existence on the map drawn by
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2 WP 7482.2018.odt
the learned Tahsildar, Shevgaon, I do not fnd any
access road from the land gat no.191/1 owned and
possessed by the petitioners/original applicant to said
Shevgaon-Georai road. The petitioner/original applicant
has to cross the land gat no.190 owned and possessed
by the respondent nos. 5 to 11 to access the said
Shevgaon-Georai road. However, the learned Tahsildar,
Shevgaon has neither commented on the same nor
called upon the opponents to explain about it. It also
appears that respondents/original opponents in their
reply to the revision application fled before the
revisional authority also accept that they have sold
some portion from their land as an access road to the
owner of the land gat no.192.
3. In view of the above and in the light of the
consent given by both the sides, I proceed to pass the
following order.
ORDER
1. Writ Petition is hereby partly allowed.
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2. The impugned judgment and order dated 06.12.2017 passed by the Sub Divisional Offcer, Pathardi in Revision no.61 of 2016 and the judgment and order dated 30.3.2016 passed by the Tahsildar, Shevgaon in Rasta Case No.37 of 2014 are hereby quashed and set aside.
3. Matter is remanded to the Tahsildar, Shevgaon with the following directions :-
a] Restore original application bearing Rasta Case No.37 of 2014 to its original number.
b] The Tahsildar, Shevgaon shall inspect the spot again and draw the spot panchnama afresh.
c] Parties, if so desire, may lead the evidence in support of their rival contentions and the Tahsildar, Shevgaon after giving an opportunity of being heard to both the sides, shall decide the application bearing Rasta Case No.37 of 2014, afresh within a period of six months from the date of this order.
( V.K. JADHAV, J. ) ...
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