The contention of Shri Ghuge, the learned
counsel for the applicants is that, there is no right of way
available to the respondent nos. 3 to 10 from the Dhura of
Gat No. 62. Shri Ghare, the learned counsel appearing for
the respondent nos. 3 to 10 invited my attention to Section
22 of the Mamlatdar's Courts Act, and submitted that the
remedy of civil suit is available to raise a dispute regarding
right of way over the boundary of Gat No. 62 and he submits
that any observation regarding right of way by the authorities
below in the impugned order would naturally not come in
the way of the Civil Court in dealing with the aspect of the
matter.
In view of this, it is open for the applicants to file
a civil suit raising all disputes regarding the right of way or
the alternate way and claim appropriate decree or the orders
and no interference is called for in the orders impugned in
this civil revision application.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CIVIL REVISION APPLICATION NO. 140/2011
Shankar Govindrao Sarnaik, V Sub Divisional Officer,
CORAM: R. K. DESHPANDE, J.
DATE : 17 JANUARY, 2012
Citation; 2012(3) ALLMR669
Heard Shri Ghuge, the learned counsel for the
applicants, Smt. K.R.Deshpande, learned AGP for Respondent Nos.
1 and 2 and Shri Ghare, the learned counsel for the respondent nos. 3
to 10.
2]
The Tahsildar exercising the jurisdiction under
Section 5 of the Mamlatdar's Courts Act, 1906, has directed
removal of obstruction on the Dhura of Gat No. 62 owned by
the applicants. This order has been maintained in appeal.
Shri Ghuge, the learned counsel for the
3]
Hence this civil revision application.
applicants has basically raised two contentions. (i) That the
spot inspection reports of Talathi and Naib Tahsildar has not
been taken into consideration by the authorities below and
(ii) that the applicants have not been permitted to cross
examine the respondents/plaintiffs. He, therefore, submits
that the order passed by the authorities below are vitiated
and hence liable to be set aside.
4]
With the assistance of the learned counsel for the
parties, I have gone through the reports of the Talathi and
the Naib Tahsildar and the Roznama, to judge the challenges
raised. The spot inspection reports of Talathi and the Naib
Tahsildar indicates the creation of obstruction on the Dhura
of Gat No. 62. The applicants were at liberty to cross
examine the respondents/plaintiffs, however, without raising
any objection, the applicants entered the witness box,
deposed and also submitted for cross examination. They are
also cross examined. In view of this, no fault can be found
with the orders passed by the authorities below, directing
removal of obstruction.
5]
The contention of Shri Ghuge, the learned
counsel for the applicants is that, there is no right of way
available to the respondent nos. 3 to 10 from the Dhura of
Gat No. 62. Shri Ghare, the learned counsel appearing for
the respondent nos. 3 to 10 invited my attention to Section
22 of the Mamlatdar's Courts Act, and submitted that the
remedy of civil suit is available to raise a dispute regarding
right of way over the boundary of Gat No. 62 and he submits
that any observation regarding right of way by the authorities
below in the impugned order would naturally not come in
the way of the Civil Court in dealing with the aspect of the
matter.
In view of this, it is open for the applicants to file
6]
a civil suit raising all disputes regarding the right of way or
the alternate way and claim appropriate decree or the orders
and no interference is called for in the orders impugned in
this civil revision application. In the result, Civil Revision
Application is dismissed. No orders as to costs.
JUDGE
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