Back
IN THE HIGH COURT OF JUDICATURE BOMBAY AT AURANGABAD
AJIT B.KADETHANKAR
Ramesh Rangnath Kedare – Appellant
Versus
State of Maharashtra, Through its Secretary, Revenue and Forest department – Respondent
| Table of Content |
|---|
| 1. writ petition admitted for immediate final disposal. (Para 1 , 2) |
| 2. vahivat rasta applications led to orders without petitioner notice. (Para 3 , 4 , 5 , 6 , 7 , 8) |
| 3. panchnamas lack independent panchas' findings on site conditions. (Para 9) |
| 4. no obstruction date proof; notice absent; section 5 ignored. (Para 10 , 11) |
| 5. impugned orders quashed for procedural defects and non-application of mind. (Para 12) |
JUDGMENT :
Ajit B. Kadethankar, J.
1. Rule. Rule made returnable forthwith.
2. Heard finally with consent of Mr. Vikram L. Bhange h/f Mr. K. D. Jadhav, Advocate for the petitioners, Mrs. B. B. Gunjal, learned AGP and Mr. U. A. Bhadgaonkar, Advocate for respondent nos.4 and 5.
3. The controversy is regarding the proceedings and orders passed by the respondent nos.2 and 3 under the provisions of Mamlatdar’s Courts Act, 1906 (hereinafter referred to as “the Act of 1906” for sake of brevity). Considering the nature of controversy in the Writ Petition, I have heard the parties for final disposal.
4. The facts in the case are not disputed by either parties. The petitioners are the owners and possessors of their respective lands situated in gut no.166 and 168 of village Adgao
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....
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 necessity of compliance with procedural norms in remand for fresh hearings regarding evidence collection in land access disputes.
Procedural lapses in inquiries under the Mamlatdars’ Courts Act invalidate findings; due care is required to ensure proper legal process.
Mandatory compliance with the provisions of the Act and adherence to the principles of natural justice in administrative proceedings
The judgment established the mandatory nature of the provisions under Section 19(2) and (3) of the Mamlatdars’ Courts Act, emphasizing the statutory obligations of the Mamlatdar to follow the prescri....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
