Pradip Bhagwan Ghadamode And Another v. The State Of Maharashtra Through Its Secretary And Others

2025:BHC-AUG:31556 8397.24WP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 3 WRIT PETITION NO.8397 OF 2024 PRADIP BHAGWAN GHADAMODE & ANOTHER

VERSUS

THE STATE OF MAHARASHTRA & OTHERS ...

Advocate for the petitioners : Mr.G.B.Kingre h/f.Mr.D.H.Jadhavar AGP for Respondent-State : Mr.S.K.Shirse ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 17.11.2025 P.C. :

1] By the present Writ Petition, the petitioners challenge the concurrent orders passed by the authorities constituted under the Mamlatdars Courts Act.

2] The application is filed by the respondents under section 5 of the Mamlatdars Courts Act for removal of obstruction is allowed. The present petitioners have challenged the same before the revisional authority by filing revision application and the same is also dismissed by the impugned order dated 26.02.2024. Both the Authorities have concurrently observed that there is obstruction to the

8397.24WP road, as such, there is direction to remove the obstruction from the road.

3] The proceedings are summary in nature and the same are subject to the orders passed by the Civil Court. In the event, the petitioners aggrieved by the orders passed by the authorities constituted under the Mamlatdars Courts Act, they may file appropriate suit to seek injunction under Section 22 of the Mamlatdars' Courts Act. The concurrent findings are recorded by both the Authorities below and the proceedings are summary in nature. No case is made out to interfere in the writ jurisdiction. Hence, the present writ petition is dismissed.

4] In the event civil suit is filed by the petitioners before the Civil Court, the Civil Court to decide the same in accordance with law without being influenced by the orders passed by the authorities under the Mamlatdars' Courts or by this Court.

[ARUN R. PEDNEKER] JUDGE DDC