JUDGMENT

Nitin B. Suryawanshi, J. - Rule. Rule made returnable forthwith. Heard finally by the consent of the parties.

2. This petition is directed against the order dated 26-07-2021 passed by the Tahsildar, Kopargaon, in Rasta Case (Re-Inquiry) No.152/2021 (Old Rasta Case No.03/2019), which is confirmed by the Sub-Divisional Officer, Shirdi Division, Shirdi, in Revision application No.230/2021.

3. The respondent Nos. 1 and 2 filed Rasta Case No.03/2019 before the Tahsildar, Kopargaon, under Section 5(2) of the Mamlatdar's Courts act, 1906 (for short 'the act, 1906') claiming that for approaching their land Gut No.58 there was a road on common Bandh of lands bearing Gut No.62/5 and Gut No.57. It is obstructed by the petitioners and respondent Nos. 3 to 6 by putting sand, stones and constructing a shed. Hence, they prayed for removal of the obstruction and clear 12 feet road.

4. Site inspection was conducted on 30-05-2019 wherein it was found that the owner of Gut No.57 had installed iron angles abutting to the boundaries. Though alternate road was tried to be shown from Gut Nos. 60 and 59, however, on that day no access road was found for Gut No.58. On 20-07-2019 the Tahsildar granted