Manglabai Nivrutti Mane v. The Additional Collector And Others

2024:BHC-AUG:20662 922-WP-9425-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9425 OF 2024 Manglabai Nivrutti Mane

VERSUS

The Additional Collector And Others *** • Mr. D. A. Mane, Advocate for the Petitioner • Mr. K. B. Jadhavar, AGP for the Respondent/State ***

CORAM

: KISHORE C. SANT, J DATE : SEPTEMBER 04, 2024 PER COURT :

1.

At the outset, learned Advocate for the Petitioner seeks leave to correct the date in the prayer clause, in the grounds & in the body of the Petition.

2.

Leave granted. Amendment be carried out forthwith.

3.

This Petition is filed challenging the order dated 13.01.2003 passed by the learned SDO, Osmanabad in Revision under Section 23 (2) of the Mamlatdars' Court Act.

4.

The only justification for approaching this Umesh

922-WP-9425-2024.odt Court after 21 years of the order is that now a notice is received on 21.08.2024 to the Petitioner issued by a Circle Officer, Bedga, Tq. Umarga that the authorities are coming to give right of way to the original Applicant before Tehsildar. A photocopy of said notice is produced on record.

5.

From reading of the notice it seems that thought the road was given in the year 2000 in the proceedings under Section 5 of the Mamlatdars' Court Act now the same road is blocked by the Petitioner and, therefore, the authorities are coming on the spot. This Court does not find that any case is made out to entertain Petition after 21 years. Petitioner has not stated anything about delay and laches in the Petition. 6.

In view of above, Petition sans merit. As such, same is rejected. No order as to costs. (KISHORE C. SANT, J.) Umesh