Bombay High Court
Bapu Khelu Sapte vs The State Of Maharashtra And Others on 17 February, 2020
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.7023 OF 2016
BAPU KHELU SAPTE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for the Petitioner : Shri Narendra B. Potekar h/f.
Shri A. G. Ambetkar
Advocate for Respondent Nos. 4 to 8 : Shri N. B. Narwade
AGP for the Respondent - State : Shri A. S. Shinde
...
CORAM : RAVINDRA V. GHUGE, J.
DATED : 17th FEBRUARY, 2020 ...
PER COURT :
1. This matter was heard for some time and with the co-
operation of the learned Advocates for the Petitioner and Respondent Nos. 4 to 8, the dispute between the parties has been resolved in the light of the Rule 4 of the Circular dated 13/08/1969 issued by the State of Maharashtra under Section 328(2) read with Clauses (xliii), (xliv), (xlv), (xlvi) and (lxiii) of the Maharashtra Land Revenue Code, 1966. So also, the judgment delivered by this Court in the matter of Vishnu Sukhdeo Ghanwat and Others Vs. Collector, Ahmednagar and others 2017 (1) Mh.L.J. 811, will be of assistance. ::: Uploaded on - 20/02/2020 ::: Downloaded on - 21/02/2020 06:56:25 :::
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2. Rule 4, which pertains to maintenance of continuous boundary marks, reads as under :-
"4. Maintenance of continuous boundary marks - The boundary strips, dhuras, or ridges shall not be ploughed up or otherwise injured by cultivation. The minimum width and height of boundary strips and of dhuras or sarbandhas shall be as follows, namely ;-
Boundary strip ---In dry crop lands, 0.46 metre wide and 0.61 metre high. In rice and garden lands 0.23 metre wide 0.61 metre high. Dhuras or Sarbandas - 1.22 metres wide and 0.61 metre high ;
Provided that,--
(i) where the boundaries of such lands are well defined by banks, hedge or the like, the actual width of the strip covered by such bank, hedges or the like shall be sufficient for the purpose of this rule ;
(ii) where the boundary of a survey number also forms the boundary of any adjoining State, the minimum width prescribed above shall be maintained for the portion of the boundary strip on the side of this State ; and
(iii) where village boundaries have been defined at the time of survey by double lines of boundary marks, the whole of the intermediate strip shall be ::: Uploaded on - 20/02/2020 ::: Downloaded on - 21/02/2020 06:56:25 :::
3 23-wp-7023-16.odt maintained as a boundary strip.''
3. Shri Narwade, learned Advocate submits that his clients have no objection at all if the said bandh / dhura which is mandatory, is maintained by the revenue authorities and the Petitioner can use the same as a path way and not for riding vehicles or driving tractor or bullock cart on the said bandh.
4. The learned Advocate for the Petitioner submits that the Petitioner is also agreeable.
5. In view of the above, this petition is disposed off with the following directions :-
(a) Respondent No. 3 Tahsildar, Shevgaon shall monitor the maintenance of the said bandh within 15 days from today.
(b) If the said bandh has been ploughed by Respondent Nos. 4 to 8, they would give up the portion of the bandh which they have included for their cultivation and the Tahsildar will do the needful to ensure that the bandh is restored as per Rule 4.
(c) The learned AGP shall report compliance of these directions within four weeks from today.
(RAVINDRA V. GHUGE, J.) shp/-
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