Keshav Sheshrao Jaibhaye And Others v. The State Of Maharashtra And Others

2026:BHC-AUG:22782 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7850 OF 2025 Keshav Sheshrao Jaibhaye And Others

VERSUS

The State Of Maharashtra And Others ...

Advocate for the Petitioners : Mr. Biradar Ramrao Dhondiram AGP for Respondent/State : Mr. S.P. Sonpawale Advocate for Respondent Nos.5 to 8 : Mr. A.B. Jagtap ...

CORAM : S. G. CHAPALGAONKAR, J.

DATED : JUNE 10, 2026 PER COURT :- 1.

The petitioners impugn order dated 22.11.2024 passed by respondent no.2/Sub Divisional Officer (Revenue) Jalna in Case No.2024/ROR/CR-216, thereby upholding order dated 30.08.2024 passed by respondent no.3/Tahsildar, Badnapur in Case No.2024/Jama-2/Kavi-579, whereby application filed by respondent nos.5 to 8 under Section 5 of Mamlatdar's Courts Act, 1906 has been allowed and injunction is granted against petitioners from obstructing use of way by them.

2.

Mr. Biradar, learned advocate appearing for petitioners invites attention of this Court to application submitted by private respondents seeking removal of obstruction and grant of way from Gat No.32 to approach their land in Gat No.407. Perusal of application depicts no specific date has been mentioned as to when obstruction has been caused. Mr. Biradar would further invite attention of this Court to panchnama dated 07.08.2024. Perusal of

(2) panchnama shows that there is no specific averment to indicate existence of customary way or obstruction caused at hands of petitioners for user by petitioners. However, learned Tahsildar in his order recorded finding that obstruction was caused in Gat No.32 by petitioners. Prima facie, there is no basis for recording such finding. The Tahsildar neither conducted proper inquiry nor has recorded finding on the basis of evidence or material on record in this regard. 3.

This Court finds that in absence of evidence depicting existence of customary way and obstruction caused therein, application under Section 5(2) of Mamlatdar's Courts Act could not have been entertained. However, looking to nature of controversy between parties and interest of justice, it would be appropriate to relegate matter back to Tahsildar for reconsideration in accordance with law.

4.

Hence, impugned orders are quashed and set aside. The matter is relegated back to Tahsildar/Mamlatdar for reconsideration in accordance with law.

5.

Parties to appear before Tahsildar on 29.06.2026. 6.

Parties shall be at liberty to file additional pleading/evidence in support of their contention. 7.

The Tahsildar shall follow due procedure as prescribed under Mamlatdar's Courts Act and after granting fair opportunity of hearing to both parties pass further orders in accordance with law.

(3) 8.

It is expected that Tahsildar/Mamlatdar would decide proceeding expeditiously and in any case within a period of four months from the date of this order.

9.

Writ Petition stands partly allowed and disposed of. (S.G. CHAPALGAONKAR, J.) Mujaheed//