their counsel, the pathway in question is
not a public pathway. On the other hand, it is only a private
pathway set forth ... pathway which
is a continuation of the said pathway towards the east
is not a public pathway but a private pathway. A public
pathway which
right for the 1st respondent to use any such
pathway or public pathway. After recording evidence, the Sub
Divisional Magistrate proceeded to pass Annexure ... grievance? He contends that really
the pathway is not a public pathway; but only a private pathway.
The petitioner cannot be heard to advance that
right for the 1st respondent to use any such
pathway or public pathway. After recording evidence, the Sub
Divisional Magistrate proceeded to pass Annexure ... grievance? He contends that really
the pathway is not a public pathway; but only a private pathway.
The petitioner cannot be heard to advance that
right it is
only in respect of a private pathway and not on a public
pathway and that the dispute is of a civil nature
mamool pathway in Abbedi village. The petitioner had alleged that there existed a mamool pathway passing through Section ... pathway. It was further alleged by him that the pathway was a public pathway. But the respondent contended that the pathway was a private cart
proved that the public area / pathway / grassy
patch has been illegally encroached upon and
converted to the private use by the property
owners ... take steps to
remove the unauthorized construction extended
14
on the respective pathway / road / public land
and restore the same for the public usage, within
pathway. Thus, encroachment upon the public pathway is causing nuisance in free movement of public and particularly heavy vehicles, on account of which the pathway ... stating therein that the disputed property is not a public pathway and his house which constructed about 60 years ago and the Chabutra is also
disputed land forms the part of Khasra No. 278 which is a private
land and respondent is one of the land holders. Furthermore, in
compliance ... land is part of Khasra No. 278 and a Y shape public pathway
exists on the site which separates the house of revisionist from
Swaminathan vs Prabhakaran.K.V on 1 December, 2011
Author: V. Chitambaresh
Bench: V.Chitambaresh
