Maroti S/O. Shankar Bele v. Tahsildar, Maregao, Yavatmal And Others

2025:BHC-NAG:9905 27.wp.4228.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.4228 OF 2022 Shri Maroti S/o Shankar Bele .Vs. Tahsildar, Maregao, Dist. Yavatmal and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. A.D. Ramteke, Advocate for petitioner.

Mr. S.B. Bissa, A.G.P. for respondents/State. Mr. R.S. Kurekar, Advocate for respondent No.3. CORAM : ROHIT W. JOSHI, J.

DATE : 29/09/2025 1.

Heard.

2.

The only ground on which the petitioner impugns order passed under Section 5 of the Mamlatdar's Courts Act, 1906, directing him to remove obstruction on the subject road and the revisional order confirming the said order of mandatory injunction directing the removal of the obstruction is that, the respondent No.4, who is the applicant before the Mamlatdar, has an alternate road for approaching his field.

3.

It will be pertinent to mention here that, the petitioner has not disputed the fact that, he has created an obstruction over the subject road by digging a trench. It is well settled that the existence of any alternate approach road does not entitle any person to block another existing road.

27.wp.4228.2022.odt 4.

In that view of the matter, the only ground which is pressed into service to assail the impugned order is unsustainable. No case for interference is made out. Accordingly, writ petition stands dismissed.

(ROHIT W. JOSHI, J.) C.L. Dhakate