ORDER :

1. By way of present petition under Articles 226 and 227 of the Constitution of India, the petitioners have sought for the following main reliefs:

“(A) This Hon'ble Court may be pleased to admit and allow the present petition;

(B) This Hon'ble Court may kindly be pleased to issue a writ of mandamus or a writ of certiorari or a writ in the nature of mandamus or certiorari or an appropriate writ, order or direction thereby quashing and setting aside the impugned order dated 12.03.2025 passed by respondent no.2 Learned Deputy Collector, Bayad in the Revision Application being No. Mam. Court/Revision/Appeal/Case No.25/2024 (Annexure - D colly.) filed by petitioners original defendants/opponents under the provisions of section 23(2) of the Mamlatdars' Courts Act, 1906 in rejecting the same and further be pleased to quick and wide the impugned order dated 03.08.2024 passed by respondent no Learned Mamlatdar, Bayad below application/mit being No. MCourt/ARV/15/2024 (Annexure-C) filed by respondent no original plaintiff under the provision of section 5(2) of the Act which is partly allowed and is confirmed, in so far as direction to remove the obstruction made by petitioners by opening the lock and removing the iron door placed on the main gate in the agricultural land bearing S. No. 108 belonging to petitioners for egress and ingress to the agricultural land bearing Khata No. 131 and S. No. 112 situated at Mouje Village Gotapur, Taluka Bayad belonging to the respondent no.3 and for taking tractor and other agricultural equipment by road passing from Gabat to Gotapur is concerned in the interest of justice;”

2. Heard learned advocate Mr. Vaibhav Sheth for the petitioners and learned AGP Mr. Jay Trivedi for respondent Nos. 1 and 2.

3. Learned advocate Mr. Sheth has referred the facts of the case and submitted that the respondent no.3 - original plaintiff had initially submitted an application dated 21.05.2024 to the office of the Mamlatdar, Bayad for removal of the obstructions created by the petitioners herein for smooth usage of the disputed way, which they were using since last many years to enter their house and agricultural fields. It was mainly contended that there is a 'pakka' road from Mouje gabat to Semaliya Ratanpur Kampa and towards the southern side, there is a 'pakka' road towards Gotapur-Semaliya and the agricultural land of the petitioners is situated on the front side of the agricultural land of respondent no.3. It is mainly alleged that the disputed road passes through S. No. 108 (Old S. No. 114/1) from agricultural land of petitioners and leads to agricultural land of respondent no.3 situated at Narseda Kampa which is main road and the same is obstructed.

4. Learned advocate Mr. Sheth submits that thereafter, the respondent no.3 instituted a suit under Section 5 of the Mamlatdars’ Court Act on 13.06.2024 before the Mamlatdar, Bayad seeking removal of obstruction on the disputed road created by petitioners herein, inter alia, contending that the petitioners had dug the disputed road with JCB machine on 25.09.2023 and the obstruction was created and after representation was made to the concerned authority by respondent no.3, the same was restored and then, the petitioners had put an iron gate and applied lock on the main entrance itself and thereby once again created impediments in smooth usage of the disputed road by the respondent No.3.

5. Learned advocate Mr. Sheth submits that as against the aforesaid application/suit filed by respondent no.3 herein, the petitioner no.1 made 2 representations dated 26.06.2024 to respondent no.1 authority bringing to its notice that the house of the respondent no.3 is constructed and situated on Gauchar land belonging to Government and that the respondent no.3 is doing the business of liquor and the truck filled with liquor passes through the disputed road and that there is another alternative way from Semaliya as well and thus, requested to take necessary action for illegal constru