HIGH COURT OF BOMBAY
N.B. SURYAWANSHI, J
Vishwambar Bapurao Ingole – Appellant
Versus
Dattaram S/o Namdev Ingole – Respondent
Writ Petition No. 1015 of 2021

Court upheld the right of way granting under Maharashtra Land Revenue Code, emphasizing adherence to procedural fairness and confirming concurrent factual findings by lower authorities.

Headnote:(A) Constitution of India - Articles 226 and 227 - Revision application filed under Section 257 of Maharashtra Land Revenue Code - Petitioners challenge order allowing respondents' application for right of way - Land disputes between adjacent agricultural landowners - The Tahasildar allowed right of way after conducting a spot inspection and considering evidence provided - Subsequent appeals and revisions led to the Commissioner confirming the Tahasildar's order based on factual findings. (Paras 2-11)

(B) Agricultural Land Rights - Procedural fairness in determining rights of way among agriculturists - Importance of spot inspection and evidence submission in land disputes - The legal standard for the review by the court is non-interference with the concurrent findings unless proved erroneous. (Paras 10-11)

Facts of the case:
The petitioners challenged the order granting respondents a right of way through their agricultural land, which was initially confirmed by the Tahasildar after hearings and evidence submissions. The petitioners had previously secured an injunction which was temporarily lifted pending appeal resolution.

Findings of Court:
The court upheld the Tahasildar's findings, determining that the respondents had no alternative route for accessing their land due to the closure of other roads. The petitioners did not prove any significant errors in the findings of lower authorities.

Issues: The main issues included the legality of the order for right of way under the Maharashtra Land Revenue Code and the sufficiency of evidence presented by both parties.

Ratio Decidendi: The court found it justified not to interfere with the Tahasildar’s order based on factual findings from multiple levels of government inquiry, as no compelling reason to question this determination was established by the petitioners.

Result: Writ Petition dismissed.