Mirza Mahmood Baig Ahemed Baig v. The State Of Maharashtra And Others

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.1748 OF 2016 Mirza Mahmood Baig Ahemed Baig Vs. The State of Maharashtra and others.

Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

Court's or Judge's orders Mr.A.S.Shejwal, advocate for the petitioner. Mr.S.P.Sonpawale, A.G.P. for the State.

CORAM : S.V.GANGAPURWALA AND K.K.SONAWANE,JJ.

Date : 13.04.2016.

PER COURT :

1.

Heard.

2.

Learned counsel for the petitioner submits that representation is given to the Tahsildar, for removal of obstruction from the road, however, no cognizance is taken. 3.

Learned A.G.P. appears for Respondent No.1.

4.

If already road is available and obstruction is made on the said road then the petitioner has remedy U/s 5 of the Mamlatdar's Courts Act and if the petitioner seeks creation of road, he can move U/s 143 of the Maharashtra Land Revenue Code. The proceedings under the Mamlatdar's Courts Act, would be the proceedings before

the Court. The petitioner can file appropriate application as required under the statute.

5.

The Writ Petition is disposed of with aforesaid observations. No costs.

(K.K.SONAWANE,J.) (S.V.GANGAPURWALA,J.) Dt.13.04.2016.

asp/office/wp1748.16