SAHEBRAO DATTU MANE AND OTHERS vs THE STATE OF MAHARASHTRA AND OTHERS

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

BOMBAY HIGH COURT
SHARMILA U. DESHMUKH, J
SAHEBRAO DATTU MANE AND OTHERS – Appellant
Versus
THE STATE OF MAHARASHTRA AND OTHERS – Respondent

Advocates:
For the Appellants/Petitioners: Mr. Manoj Shinde, Mr. Ramesh V. Naiknavare
For the Respondents: Mr. S. S. Dande, Mr. Narsing B. Jadhav

Table of Content
1. petitioners challenged previous orders regarding access to their lands. (Para 1 , 2)
2. arguments presented regarding legal interpretations of orders. (Para 6 , 7 , 10 , 11)
3. court affirms prior decrees' finality, rejecting merger doctrine. (Para 8 , 12)

FINAL ORDER:-

1. The petitioners are aggrieved by the order dated 10.06.2019 passed by the Joint Civil Judge, Senior Division, Osmanabad in R.D. No.382/2015, whereby the liberty was given to the decree holders to restore the suit lands to its original status, as sought for by the decree holders, who are respondent nos.3 to 10 herein.

2. Shorn off unnecessary details, the facts of the case are as under:

The petitioners are agriculturists residing at village Panwadi and Ter and their agriculture land is at village Mohtarwadi, Tq. and Dist. Osmanabad. Due to non-availability of access road to their fields, an application came to be filed before the Tahsildar under Section 143 of the Maharashtra Land Revenue Code (for short ‘ MLRC ’) and pursuant to the spot inspection drawn on 18.12.2010, the Tahsildar passed an order dated 19.05.2011 directing the opening of a cart way on the boundaries of the block nos.128, 129, 130

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BOMBAY HIGH COURTSHARMILA U. DESHMUKH, JSAHEBRAO DATTU MANE AND OTHERS – AppellantVersusTHE STATE OF MAHARASHTRA AND OTHERS – Respondent

BOMBAY HIGH COURT
SHARMILA U. DESHMUKH, J
SAHEBRAO DATTU MANE AND OTHERS – Appellant
Versus
THE STATE OF MAHARASHTRA AND OTHERS – Respondent