CORAM : ROHIT W. JOSHI, J.

DATE : 11-08-2025 PER COURT:-

1. Present petition takes exception to the order dated 19.08.2024 passed by the learned Sub-Divisional OfÏcer, Chhatrapati Sambhajinagar rejecting revision application preferred under Section 2 3(2) of the Mamlatdars' Courts Act , 1906 (for short, “the Act”), thereby confirming the order passed by the learned Tahsildar, Aurangabad acting as “Mamlatdar” under Section 5(2) of the Act.

2. The dispute between the petitioners and respondents No.3 to 48 pertains to the subject road. It is contention of the petitioners that subject road is a private road constructed by them for their personal use in the agricultural land belonging to them.

3. The contention of the learned Advocate for the petitioners is that this road does not find mention in any land record or even Government maps and, therefore, learned Tahsildar, so also the learned Sub-Divisional OfÏcer ought to have held that road is a private road. He refers to the panchnama dated 15.11.2022 which records that the reference to the said road is also not found in the village map.

4. This Court has taken a view in the judgment passed in Writ Petition No.5074 of 2022 (Vimal W/o. Bhausa