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2023 Supreme(Bom) 872

ARUN R. PEDNEKER
Dagadu – Appellant
Versus
Sub-Divisional Officer – Respondent


Advocates appeared:
A. A. Nimbalkar, Advocate, G. O.Wattamwar, Advocate, V. Y. Bhide, Advocate

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

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