Girish Bhaskarrao Kadlag v. The Sub Divisional Officer And Others

2025:BHC-AUG:35656 1 940

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 940 WRIT PETITION NO. 15134 OF 2025 GIRISH BHASKARRAO KADLAG

VERSUS

THE SUB DIVISIONAL OFFICER AND OTHERS ...

Advocate for the Petitioner : Mr. Hanumant P. Jadhav AGP for Respondent/State: Mr. S. K. Shirse ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 16.12.2025 PER COURT:

1.

Heard.

2.

The concurrent orders passed by the Mamlatdar directing the petitioner to remove obstruction from the road is upheld by the revisional authority and the same is challenged in the present writ petition. Both the authorities have concurrently held that there is obstruction created by the petitioner on the road, as such, direction is given to open the road. 3.

This court in exercise of the writ jurisdiction would ordinarily not interfere in the concurrent findings and, as such, this court wold not interfere in the concurrent orders. However, liberty is reserved to the petitioner to file the civil suit as any order

2 940 passed in the civil suit would override or oust the order passed by the Mamlatdar or the revisional authority in terms of Section 22 of the Mamlatdars' Courts Act.

4.

The learned counsel for the petitioner submits that in the event orders passed by the revenue authorities are implemented the proceedings before the civil court wold be rendered redundant.

5.

In view of the above submissions, the authorities not to implement the impugned order/s for the period of four (04) weeks, if not already implemented.

However, the protection is granted not on merits but only to enable the petitioner to approach the civil court. 6.

In the event, the petitioner files the civil suit in the subject matter, the civil court to decide the same on it's own merits without being influenced by the observations made hereinabove. 7.

The Writ Petition stands accordingly disposed of. [ARUN R. PEDNEKER, J.] marathe