The court upheld concurrent findings that the appellants illegally obstructed the only access road to the respondents' landlocked agricultural fields, while clarifying that this decision does not bind the pending independent civil suit.

ORAL JUDGMENT

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. Having heard learned Counsel for the appellants and perused the record, pertinent is to note that there is a categorical finding in the order of the Mamlatdar passed under Section 5(2) of the Mamlatdar’s Courts Act, 1906 as well as the order of the Deputy Collector dated 19.05.2025 that the original petitioners / appellants herein had obstructed the road passing through their lands bearing Revenue Survey Nos.78 and 72, by planting thorny bushes, digging the road and cultivating crops, following which the respondents filed the suit under Section 5(2) of the Act’ 1906.

2. It may be noted, as recorded by the learned Single Judge in the judgment impugned, from the order dated 23.08.2024 of the Mamlatdar that the respondents are owners of agricultural lands bearing Revenue Survey Nos.65 and 66 of the village and the only access to their field was through the road passing over the petitioners land.

3. In the panchnama drawn by the Circle Officer dated 12.09.2023 and the site inspection conducted on 20.08.2024, it was proved that there was a long and continuous use of road by the respondents, which has been obstructed illegally by the petitioners.

4. Moreover, the petitioners have failed to prove the existence of any alternative access road to the respondents agricultural lands as no alternative road is available and due to the obstruction made by the petitioners, the lands of the respondents became landlocked and the only access to their agricultural fields had been obstructed by the petitioners illegally.

5. In view of the concurrent findings of the Mamlatdar and Deputy Collector and the reasoning given by the learned Single Judge in the judgment impugned, we do not find it a fit case to interfere.

6. The present appeal is dismissed, accordingly. However, it is clarified that the dismissal of the writ petition and this appeal and any observations made in the orders of this Court as also the findings in the orders of the Mamlatdar as well as the Deputy Collector, subject matter of challenge before this Court, will not come in the way of the petitioners / appellants in the pending civil suit filed by them in the month of February, 2023. The Civil Court would be required to examine the matter independently without being influenced by any of the aforesaid observations.

7. Connected Civil Application would not survive and shall stand disposed of accordingly.