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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO.4806 OF 2020

1.

Gopalrao S/o. Baliramji Deshmukh

Age: 49 years, Occu.: Agriculture,

R/o. At Post Shapur,

Tq. and Dist.Parbhani.

2.

Prabhakar S/o. Devidasrao Deshmukh

Age: 65 years, Occu.: Agriculture,

R/o. As above.

..Petitioners

VERSUS

1.

Sopan S/o. Gulabrao Deshmukh

Age: 65 years, Occu.: Agriculture,

R/o. At Post.Shapur,

Tq. and Dist.Parbhani.

2.

Vithal S/o. Ramkishan Deshmukh

Age: 30 years, Occu.: Agriculture,

R/o. As above.

3.

Babarao S/o. Gulabrao Deshmukh

Age: 55 years, Occu.: Agriculture,

R/o. As above.

4.

Bhagwan S/o. Dattrao Deshmukh

Age: 45 years, Occu.: Agriculture,

R/o. As above.

5.

Manik S/o. Digambarrao Deshmukh

Age: 45 years, Occu.: Agriculture,

R/o. As above.

6.

Tahasildar Parbhani,

Tq. and Dist.Parbhani.

7.

Sub Division Ofcer, Parbhani,

Tq. and Dist.Parbhani.

..Respondents

...

Advocate for Petitioners : Shri Vishant P.Kadam

Advocate for Respondent Nos.1 to 5 : Shri R.V. Gore

AGP for Respondent No.6 & 7 : Shri A.B.Chate

…

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CORAM : M.G.SEWLIKAR, J.

RESERVED ON : 17^th July, 2021

PRONOUNCED ON : 30^th July, 2021

JUDGMENT:-

1.

This petition is preferred by the original defendants in

proceeding No.izdj.k dz-2013@tek&1@vkjvksvkj@dkoh&10 initiated by

respondent No.1 before Mamlatdar’s Court against petitioners for

injunction restraining the petitioners from obstructing the

enjoyment of way.

2.

Facts leading to this petition can be stated in short as

under:

Respondent No.1 is the owner and in possession of land

Gut No.290 admeasuring 95R. Petitioners - original respondents

Nos.3 and 1 respectively own Gut Nos.289 and 287 to the east of

land of respondent No.1.

3.

It is further alleged that there is a cart road between land

Gut Nos.298, 289 and 287 which is used by respondent No.1

to access respondent No.1’s land Gut No.290. This way is

being used since long. Respondent No.1 does not have

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any other alternative road to access his land. Petitioners have

been obstructing respondent No.1 from accessing this road

owing to which respondent No.1 is unable to access his land. On

25-08-2013 at about 10:00 a.m. to 10:30 a.m. petitioners

obstructed bullock cart of respondent No.1 from proceeding to

his feld from this cart road. Therefore, respondent No.1 was

constrained to fle suit before the Mamlatdar’s Court.

4.

Petitioners did not appear before the Mamlatdar’s Court.

Talathi Sajja Arvi drew panchanama. Tahsildar, Parbhani decided

this matter by his order dated 21-05-2015 by which he held that

the road as alleged by respondent No.1 is in existence and

respondent No.1 was obstructed by the petitioners. He,

therefore, restrained the petitioners from obstructing respondent

No.1 from accessing the disputed road by respondent No.1. This

order was challenged before the Additional Collector, Parbhani,

who by his order dated 01-07-2015, remanded the matter to the

Tahsildar directing him to personally inspect the spot and hold

denovo enquiry. Thereafter, Naib Tahsildar, Parbhani again

passed the same order. This order was also challenged before

the Sub-Divisional Ofcer. This time also he remanded the

matter. Thereafter, the Tahsildar visited the spot and drew spot

panchnama and thereafter he allowed case No.izdj.k dz-

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2017@vkjvksvkj@dkfo@00002 and restrained the petitioners from

enjoying the disputed road. This order was challenged before

the Sub-Divisional Ofcer, Parbhani, who confrmed the order of

Tahsildar by his order dated 30-11-2019. This order is impugned

in this writ petition.