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IN THE HIGH COURT OF JUDICATURE AT BOMBAY AURANGABAD BENCH
AJIT B.KADETHANKAR
Bhaskar Ananda Lonkar – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. writ petition admitted and heard finally. (Para 1 , 2) |
| 2. rasta application dismissed with unwarranted directions. (Para 3 , 4) |
| 3. revision allowed for jurisdictional excess, no notice. (Para 5 , 6) |
| 4. high court upholds sdo; writ dismissed. (Para 7 , 8 , 9 , 10) |
JUDGMENT :
AJIT B. KADETHANKAR, J.
1. Rule. Rule made returnable forthwith.
2. Heard finally by consent of Ms. M. S. Dalve, learned Counsel for the petitioners, Mrs. B. B. Gunjal, learned AGP for the respondents-State, Ms. P. C. Kale, learned Counsel for the respondent no.4 and Mr. Y. H. Lagad, learned Counsel for respondent nos.5 to 11.
3. Rasta Case no.54 of 2020 was instituted by the present respondent no.4 against the present petitioners before the Tahsildar, Parner under Section 5 of the Mamlatdar’s Courts Act, 1906. It was the contention of the respondent no.4 that he owes an agricultural land in gut no.1327 located at Loni Mavla Tq. Parner, District Ahmednagar. He submits that the petitioner nos.1 to 4 have caused obstruction to his Vahivat rasta, and hence he was constrained to file application. Pursuant to the application, the Tahsildar arranged Panchnama, and visited the spot for inspection. The panchn
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....
Mamlatdar proceedings for way of necessity invalid without notice for panchnama, independent Panchas' findings on site, specific obstruction date, and proof of prior obstructed way; orders quashed fo....
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
Failure to prove the existence of a customary road, obstruction created beyond the statutory period, and failure to consider the observations of the Civil Court led to the quashing of the impugned or....
Procedural lapses in inquiries under the Mamlatdars’ Courts Act invalidate findings; due care is required to ensure proper legal process.
The necessity of compliance with procedural norms in remand for fresh hearings regarding evidence collection in land access disputes.
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