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2022 Supreme(Bom) 81

R.B.DEO
Surendra s/o. Mohan Prajapati – Appellant
Versus
Deputy Collector, Murtizapur Barshitakli – Respondent


Advocates:
Advocate Appeared:
For the Appellant : R.D. Karode
For the Respondent: S.M. Ukey, Addl. GP and A.J. Mirza

JUDGMENT :

R.B. Deo, J.

1. The respondents 3 to 7 preferred an application dated 22.4.2019, invoking the provisions of section 143 of the Maharashtra Land Revenue Code, 1966 ("Code"), seeking approach road to their agricultural fields from the agricultural field of the petitioners. The application is premised on the assertion that there is no alternate road available and that the road which is sought, is the direct and convenient road.

2. The learned Tahsildar allowed the application dated 22.4.2019 by cryptic order dated 6.7.2019 relying on the spot inspection done.

3. The order of the learned Tahsildar was challenged in revision and the revisional authority remitted the matter to the learned Tahsildar with the direction that recourse be taken to the Mamlatdars' Courts Act, 1906 ("Act"). The learned Tahsildar has, after remand, again granted relief to the respondents 3 to 7 and the challenge of the petitioners before the revisional authority has failed.

4. Having heard the learned counsel for the parties, I am satisfied that the orders are liable to be quashed.

5. Perusal of the application reveals that the contents are not supported by affidavit. No step is taken by the learned Tahsild

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