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2022 Supreme(Bom) 1738

MILIND N. JADHAV
Pandurang Dhondli Khape, Through Legal Heir – Appellant
Versus
Atmaram Bapu Shinde (deceased) Through legal heir – Respondent


Advocates Appeared:
For the Petitioner: Mr. Abhishek Nandinath i/by Mr. U.R. Mankapure.
For the Respondent: Mr. Pramod G. Kathane a/w Mr. Vikas J. Wagh, Mr. P.P. Pujari, AGP.

JUDGMENT :

1. By the present Petition, Petitioners have challenged the legality and validity of Order dated 23.09.2013 passed by the District Superintendent Land Record, Sangli.

2. Briefly stated the facts are as under:-

2.1. Respondent No. 1 along with some of other Respondents originally filed Appeal No. 101/2011 under the provisions of Section 247 of the Maharashtra Land Revenue Code, 1966 before the District Superintendent Land Record, Sangli to challenge the order passed by Sub-District Inspector of Land Record and Inquiry Officer, Vita in respect of City Survey No. 216 on the ground that the said Applicants were entitled to a right of way on the said CTS Number.

2.2. It is the Petitioners’ case that in the year 1986 after examining the record of the Grampanchayat and position of actual possession of the occupants on City Survey No. 216, report was submitted by Inquiry Officer.

2.3. It is the further contention of Petitioners that though the boundaries of City Survey No. 216 were decided as far back as on 20.08.1986, Respondent No. 1 and some other Respondents challenged the same by filing Appeal in the year 2011 i.e. after a delay of more than 25 years. However, Respondents did no

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