JUDGMENT/ORDER

1. Rule. Rule made returnable forthwith and heard finally with the parties' consent.

2. The submission of the learned counsel for the petitioner is that a plain application has been considered as a suit under Sec. 5 of the Mamlatdar's Courts Act. He also pointed out that an application was filed under Sec. 143 of the Maharashtra Land Revenue Code (for short 'MLR Code') to give an alternate way to reach the field of respondent no.1. He would submit that none of the provisions of the Mamlatdar's Courts Act were followed. The Tahasildar has exceeded its jurisdiction under the Mamlatdar's Courts Act. The Sub-Divisional Officer also did not consider this fact. This Court has rendered a catena of judgments on the Mamlatdar's Courts Act and its procedure. He has placed on record those pronouncements. He would also submit that to exercise the powers under Sec. 5 of the Mamlatdar's Courts Act, the way must be in existence before initiating the action. Respondent No.1 admitted that the way available to his field was obstructed; on the other hand, he stated that there was no way to his field. Hence, he may be given the way to approach his field. Relying on the pronouncements of