Bombay High Court
Ramrao S/O Bhimla Rathod vs The Sub Divisional Officer, ... on 16 March, 2023
Author: Avinash G. Gharote
Bench: Avinash G. Gharote
1 13-wp-1644-23.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 1644/2023
Ramrao s/o Bhimla Rathod
Vs.
The Sub Divisional Officer, Murtizapur and others
Office Notes, Office Memoranda Court's or Judge's orders
of Coram, Appearances, Court's
orders or directions and
Registrar's orders
Mr. Ram Karode, Advocate for petitioner
Ms. T.H. Khan, AGP for Respondent / State
CORAM: AVINASH G. GHAROTE, J.
DATED : 16th MARCH, 2023 Heard learned counsel for the petitioner.
2. It is contended, that the application filed by the respondent No.5 could not have been termed as an application under Section 5 of the Mamlatdars' Court Act, as it was not under that heading, neither it was on verification nor it was within limitation. Insofar as this contention is concerned, Sections 8 and 9 of the Mamlatdars' Court Act cast an obligation upon the Mamlatdar to explain to the petitioner the nature of relief accorded by the Act and upon expressing an intention to obtain them to ensure that the requirement thereof are elicited and brought on record in the manner as contemplated under Section 9 of the Act. In view of that, I am not inclined to accept this contention, as it was the duty 2 13-wp-1644-23.odt of the Mamlatdar, to ensure compliance of Sections 8 and 9 of the Act and on his failure, the burden cannot be cast upon the respondent No. 5.
3. The next contention is that the proceedings before the learned Mamlatdar were fixed on 15/2/2022 for spot inspection on which date, after the spot inspection was done the matter was directly fixed for orders. This is reflected from the copy of the order-sheet which is placed on record at page 51 and would indicate denial of opportunity to the petitioner in terms of the provisions of the Mamlatdars' Court Act. This position has also not been considered by learned revisional Authority, considering which, issue notice for final disposal returnable on 27th March, 2023.
4. Ms. T.H. Khan, learned Assistant Government Pleader waives notice for respondent Nos. 1 to 4.
5. The petitioner shall serve the respondent No.5 by all modes permissible in law. Hamdast granted.
JUDGE MP Deshpande Digitally signed by:MILIND P DESHPANDE Signing Date:16.03.2023 15:17