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1992 Supreme(Bom) 296

V.A.MOHTA, M.F.SALDANHA
Dilip son of Shankarrao Deshpande and others – Appellant
Versus
Executive Engineer, Lower Wena Project, Wardha, Dist Wardha and others – Respondent


JUDGMENT - M.F. SALDANHA, J.:---A rather ticklish problem that is common to rural India has arisen for determination in this petition and having regard to the delicate stage at which the developments are, the matter requires determination on merits.

2. We formulate the legal issue that is involved which is summarized as follows:

Whether it is open to the State authorities to unilaterally blockout a cart track which is the only available access to agricultural lands without following the procedure prescribed by section 21 of the Maharashtra Land Revenue Code and in a case where this is done whether the petitioner would be entitled to a relief for restoration of the status quo ante?

3. Efforts were undoubtedly made by both the sides to try and find a suitable via media, but having failed, the petition is required to be decided on merits.

4. The dispute is within a narrow ambit. The petitioners are the tenure holders of certain lands which are situated at mouza Sindi, Tahsil Selu, District Wardha, and we are immediately concerned in this petition with the fields constituting Survey Nos. 4/3 and 4/2. That the petitioners are the occupants, is undisputed and they have sought to place heavy





















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