JUDGMENT

Nitin B. Suryawanshi, J. - RULE. Rule made returnable forthwith. Heard finally with the consent of the learned advocates for the respective parties.

2. This petition challenges the order dated 16/02/2006 passed by the additional Collector, Latur in appeal No.2005/ROR/a-137, and the judgment and order dated 17/11/2012 passed by the additional Commissioner, aurangabad Division, aurangabad in Revision No.198/2006.

3. The petitioners are the owners of land gut Nos.58, 59, 60 & 61 and respondent Nos.1 & 2 are the owners of land Gut Nos.54, 55, 56 & 57 of village Bhoisamudraga Taluka & District Latur. On 30/10/1995, the petitioners filed an application before the Tahsildar, Latur under Section 143 of the Maharashtra Land Revenue Code, 1966 (for short 'the MLR Code') contending that, for approaching the lands of the petitioners, there is a cart way, which passes from the boundary of lands of the respondents. The same is obstructed by the respondents. The petitioners, therefore, sought removal of obstruction.

4. Pursuant to the application of the petitioners, the Tahsildar visited spot and has drawn a panchnama on 17/09/2000. The Tahsildar rejected the application holding that, there