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Bombay High CourtWP/152/2024disposed off

Sheshrao Baliram Thaokar v. Sub-Divisional Officer, Umred, Nagpur

2024-07-23Hon'Ble Shri Justice N. R. Borkar2 pages

1 934-151-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 152/2024 Sheshrao Baliram Thaokar Vs.

Sub-Divisional Officer, Umred 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. P.S. Tidke, Advocate for petitioner Mr. Sagar Ashirgade, Addl. GP for Respondent Nos.1 and 2 CORAM: N.R. BORKAR, J.

DATED : 23rd JULY, 2024 This petition takes exception to the order dated 31.07.2023, passed by the SubDivisional Officer in Revision No. 04/MCA-23(2)/ 2022-23.

2.

The respondent No.3 herein had filed an application under Section 5 of the Mamlatdar Courts Act. The petitioner and respondent No.3 are adjacent land owners. It is alleged that the petitioner had deliberately diverted the flow of rain water from his field towards the field owned by respondent No.3. It is alleged that said act of the petitioner is causing damage to the crops in her field. Thus injunction was sought.

3.

The respondent No.2 by order dated 18.10.2022 thought it fit not to grant injunction but issued certain directions. The respondent No.3

2 934-151-24.odt dissatisfied with the order of respondent No.2 filed the revision before respondent No.1. By the order impugned respondent No.1 has allowed the revision filed by respondent No.3.

4.

Respondent No.2 while refusing to grant injunction has recorded certain findings. The said findings are not held to be perverse, while allowing the revision. However, considering the facts and circumstances instead of remanding the matter back to respondent No.1, it would be appropriate to remand the matter back to respondent No.2. The orders passed by respondent No.1 and respondent No.2 are quashed and set aside.

5.

Respondent No.2 shall decide the application filed by the respondent No.3 afresh in accordance with law.

6.

The petition is disposed of in above terms. No costs.

(N.R. BORKAR, J.) MP Deshpande Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 17/08/2024 11:05:23