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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

WRIT PETITION NO.3953 OF 2009

Lala Dagadu Kale,

age years, occ. Agri,

R/o Paritwadi, Tq. Karjat,

Dist. Ahmednagar.

PETITIONER

V E R S U S

1-

The Additional Commissioner, Nashik

Division, Nashik .

2-

The Aditional Collector, Ahmednagar,

District Ahmednagar.

3-

The Sub-Divisional Officer, Karjat,

Taluka Karjat, Dist. Ahmednagar.

4-

The Tahsildar, Karjat,

Taluka Karjat, Dist. Ahmednagar.

5-

Sukhdeo s/o Shankar Kale,

age years, Occ. Agri,

R/o Paritwadi, Tq. Karjat,

Dist. Ahmednagar.

RESPONDENTS.

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Mr. N.V. Gaware, advocate for the petitioner.

Mr. Ghatge Ld. AGP for 1 to 4.

Mr. N.C. Garud, advocate for the respondent No.5.

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CORAM : S. B. DESHMUKH, J.

DATE : 10^th MARCH, 2010.

ORAL JUDGMENT :-

1.

Heard learned counsel for the parties.

2.

Rule. Rule returnable forthwith. Heard finally with the consent of

the parties.

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3.

Petitioner challenges the judgment and order passed by the

learned Additional Commissioner, Nashik Division Nashik in revision RTS

application No.194/2008 passed on December 31, 2008.

4.

The present writ petitioner was the petitioner before the learned

Additional Commissioner, Nashik. Relevant facts and proceedings, I am listing in

this writ petition which are necessary for disposal of the petition.

a]

Agricultural land bearing gat No.173 admeasuring 7 H 7 R and non

cultivable land to the extent of 34R is situated at village Paritwadi Tq. Karjat,

Dist. Ahmednagar.

b]

Respondent No.5 in this revision petition is the owner of the said

land gat No.173. He made an application to the Tahsildar, Karjat under section 5

of the Mamlatdars’ Courts Act, 1906 (herein after referred to Act of 1906). This

application was registered as case No.7/2001 by the Tahsildar Karjat. This

application was heard and Tahsildar, Karjat passed an order on 29.11.2001.

Annexure ‘B is the copy of the order. Tahsildar, Karjat by this order has directed

removal of the impediment allegedly created in the way mentioned in the

operative part of the order by the petitioner. Petitioner and others were also

injuncted permanently by the Tahsildar, Karjat from obstructing or creating any

impediment in the road/access/way, by this order passed by the Tahsildar, Karjat.

c]

Order passed by the Tahsildar, Karjat in case No.7/2001 dated

29.11.2001 was challenged by filing Review Application annexure c (page 23).

Copy of the review application filed on 12.12.2001 by the present petitioner

before Tahsildar, Karjat is on record. In other words opponents in case No.7/2001

had sought review of the order dated 29.11.2001 passed by the Tahsildar, Karjat

by this application before the same authority i.e. before Tahsildar, Karjat. This

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review application was entertained by Tahsildar, Karjat. He passed an order

Exh.D is copy on record. Tahsildar, Karjat has referred the status of respondent

Sukhdeo Kale as original applicant (applicant in original case No.7/2001).

Present petitioner is shown as respondent. Here the review application is

numbered as 1/2001. Annexure ‘C’ makes the reference of number of the

proceeding Wahiwat Case No.7/2001. While parting from this part of the order, it

is necessary to be observed that Tahsildar, Karjat has received probably

application for review from the writ petitioner on 12.12.2001. On that day said

application was not registered as review application, no number was given but

then proceeding was titled as case No.7/2001. Exh. C there is an order or

endorsement in margin passed by the authority whose designation is not

mentioned. This order is in vernacular. By this order temporary injunction is

granted. Exh.D is final order in review application which subsequently appears

to have been registered as review application No.1/2001. Operative part of this

order in review application No.1/2001 dated 21.02.2002 makes it clear that said

review applicat