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ARUN R. PEDNEKER
Dagadu – Appellant
Versus
Sub-Divisional Officer – Respondent
JUDGMENT
Arun R. Pedneker, J. - Rule. Rule made returnable forthwith. By consent, heard all the parties finally.
2. By the present writ petition, the petitioners are challenging the order dated 26/03/2021, passed by the Sub-Divisional officer, Sangamner, Dist.Ahmednagar, in Revision Application No.26 of 2021 whereby the Revisional authority was pleased to dismiss the revision filed by the petitioners against the order dated 28/07/2020, passed by the Tahsildar (Mamlatdar), Akole Tq.Akola, Dist.Ahmednagar, in Rasta Case No.39 of 2018.
3. Facts in brief can be summarized as under :-
The petitioners are the owners and possessors of land admeasuring 73 Are in Survey No.39/7 in village Mehenduri Tq. Akole, Dist. Ahmednagar. The respondent Nos.3 to 15 have their land situated in Survey No.94 and 96. The respondent Nos.3 to 15 instituted a Rasta Case bearing No.39 of 2018 against the petitioners under Section 5 of the Mamlatdars' Courts Act before the Tahsildar titled as under Section 143 of the Maharashtra Land Revenue Code, 1966.
4. It was the contention of the Appellants in the said application that the petitioners had obstructed their road on 29/06/2018 and petitioners be directed to remove
The main legal point established in the judgment is the importance of correctly identifying the applicable legal provisions and ensuring compliance with the mandatory requirements of the Mamlatdars' ....
Mandatory compliance with the provisions of the Act and adherence to the principles of natural justice in administrative proceedings
The court established that adherence to the procedural requirements of the Mamlatdar's Courts Act is essential for valid jurisdiction and decision-making by revenue authorities.
Tahsildar exceeds jurisdiction under Section 5 of Mamlatdar’s Courts Act by issuing directions affecting third party's property rights without notice or hearing in right of way obstruction proceeding....
The Mamlatdars' Courts Act permits civil court intervention to challenge orders of the Mamlatdar, reaffirming jurisdictional integrity for adjudication of substantive rights.
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