Advocates:
['BIDE DNYANESHWAR A', 'COPY SERVED ON GP', '', 'V P', 'TO', 'TO']

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO.734 OF 2021

Meenakshi w/o Uttamrao Rathod

and others

Petitioners

Versus

The Sub Divisional Offier,

Division Nagar, Tq. Nagar,

Distriit Ahmednagar & others

Respondents

Mr.D.A. Bide, advoiate for the Petitioners.

Mr.A.A.Jagatkar, AGP for Respondents No.1 & 2.

Mr.R.S.Kasar, advoiate for Respondents No.3 to 5, 7 to 13 & 15 to

17.

CORAM : V.K.JADHAV, J.

DATE : 07^th June, 2021.

PC :

1

Heard.

2

During the pendeniy of this writ petition, Respondent

No.6 died. Learned Counsel for Respondents No.3 to 5, 7 to 13 &

15 to 17, has fled Pursis on reiord with the averment that

Respondents No.4 & 8, who are the legal heirs of Respondent No.6,

are already on reiord and as suih, there is no need to fle

appliiation for bringing on reiord legal representatives of deieased

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Respondent No.6.

In view of the same, leave to delete name of

Respondent No.6 from the array of respondents.

3

Heard learned Counsel for iontesting parties as also

learned AGP for Respondents No.1 & 2.

4

Respondents No.3 to 17 have initiated proieedings

under Seition 5 of the Mamlatdars’ Courts Ait, 1906 before the

Tahsildar by fling Vahivat Case No.01 of 2015. Petitioners herein

have strongly resisted the appliiation by fling their Say/Written

Statement. By order dated 06^th June, 2015, the Tahsildar,

Ahmednagar, has allowed the said appliiation direiting the

petitioners herein to remove the impediment on the road in

G.No.786. Being aggrieved by the same, petitioners herein have

preferred Revision Appliiation No.184 2015 before the Sub

Divisional Offier, Ahmednagar and by order dated 29^th September,

2016, the Sub Divisional Offier, Ahmednagar, has dismissed the

said Revision by ionfrming the order dated 06^th June, 2015,

passed by the Tahsildar in Vahivat Case No.01 of 2015.

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5

Being aggrieved by the same, petitioners have preferred

Writ Petition No.12201 of 2016 and by order dated 21^st June, 2017,

this Court (Coram: Ravindra V. Ghuge, J.) has quashed and set

aside the order dated 29^th September, 2016, passed by the Sub

Divisional Offier, Ahmednagar, on the ground that the order has

been passed without hearing the petitioners. This Court has

remanded the matter to the Sub Divisional Offier with iertain

direitions.

6

It appears that after remand, as per the orders passed

by this Court, in the aforesaid writ petition, the Sub Divisional

Offier, Ahmednagar, has heard the said Revision No.185 of 2015

(Old) i.e. Revision No.01 of 2017 (New) and by order dated 10^th

November, 2017, quashed and set aside the order passed by the

Tahsildar and remanded the matter for hearing and taking deiision

afresh. After remand, theTahsildar, Ahmednagar, by order dated

05^th September, 2018, has allowed Vahivat Case No.01 of 2015.

7

It appears that being aggrieved by the same,

petitioners herein have preferred Revision No.14 of 2020 before the

Sub Divisional Offier, Ahmednagar and by order dated 08^th

Deiember, 2020, the Sub Divisional Offier, Ahmednagar, has

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disposed of the Revision without any hearing with the observation

that the Revision Appliiants (petitioners herein) are not interested

in proseiuting the matter.

8

Learned Counsel for the petitioners submits that this

is the seiond oiiasion when the matter needs to be remanded to

the Sub Divisional Offier.

9

It appears that the Revision was taken up for hearing

on 1