Prakash Vitthaldas Rathi v. The State Of Maharashtra And Others

1 909-WP-4980-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.4980 OF 2019 PRAKASH VITTHALDAS RATHI

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Chandrant D. Biradar AGP for Respondents - State : Mr. S. N. Kendre Advocate for Respondent No.4 : Mr. R. O. Awasarmol ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 30th AUGUST, 2022 PER COURT :

1.

Petitioner is aggrieved by the order dated 01/01/2018, passed by Mamlatdar/Tahsildar, Bhokardan, under Section 5(2) of the Mamlatdars' Courts Act, 1906, in proceeding No. 2017/Jamabandi-1/CR-03, which is confirmed by the Additional Collector, Jalna, in revision bearing case No.2018/RB/Appeal/CR-16. 2.

I have duly considered the rival submissions of the respective parties as well as submissions of learned Assistant Government Pleader for respondent - State. Perused the grounds raised in the writ petition and the impugned order. 3.

Both the revenue authorities have recorded concurrent finding of fact against the petitioner. The said finding of fact is based on the site inspection panchanama conducted by the

2 909-WP-4980-19.odt Tahsildar. In that view of the matter, this Court is not inclined to interfere in the concurrent finding of fact recorded by the revenue authorities.

4.

No illegality or perversity is found in the orders impugned in the present petition. Writ petition is, therefore, dismissed.

5.

Needless to mention that the petitioner is at liberty to avail appropriate remedy if so advised.

(NITIN B. SURYAWANSHI, J.) SVH