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2013 Supreme(Bom) 1113

A.P.BHANGALE
Harichandra Pundlik Ughade – Appellant
Versus
State of Maharashtra, through Secretary, Revenue Department – Respondent


Advocates Appeared:
For the Applicants:S. S. Dhengale, counsel, Advocate.
For the Respondent: R1 to R5, Ambarish Joshi, Asstt. Govt. Pleader, R6, None.

JUDGMENT

Rule. Rule made returnable forthwith. The petition is taken up for final hearing with the consent of the learned counsel for the parties.

2. The petitioner No.1 claims that he had purchased agricultural land Gat No.282/2, situated at Mouza Rasa, Tahsil Wani, District Yavatmal from legal heirs of Bapurao Wararkar on 20/08/2001 under registered sale deed. According to the petitioners, it was for the first time on 09/07/2004 respondent No. 6 Sou. Nirmala Baburao Turankar had obstructed petitioners' right of way enjoyed by the petitioners, since the date of their registered sale deed dated 20/08/2001. Therefore, instead of quarreling with the said lady, the petitioners claiming right of way had approached Revenue Authorities i.e. Tahsildar, Wani, District Yavatmal. On 19/03/2005, Naib Tahsildar Wani heard Revenue Case No. 1/RTW/2004-05 and passed order dated 19/03/2005 granting 4½ feet wide right of way using the boundary of adjacent land bearing Field Survey Nos.316 and 317, as claimed by the petitioners. The respondent No.6 had challenged the said order by preferring Appeal No.2/ RTS-64/2004-05 whereby the order passed by Naib Tahsildar, Wani was confirmed. Another appeal wa











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