Bajirao Rangnath Pawar Through Gpa Holder Bhausaheb Bajirao Pawar And Another v. The Sub Divisional Officer Division Pathardi And Others

2026:BHC-AUG:9256 wp 2069.26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 957 WRIT PETITION NO.2069 OF 2026 Bajirao Rangnath Pawar Through Gpa Holder Bhausaheb Bajirao Pawar And Another

VERSUS

The Sub Divisional Officer Division Pathardi And Others ...

Advocate for Petitioners : Mr. R.S. Kasar AGP for Respondents : Mr.S.R Yadav-Lonikar CORAM : S. G. CHAPALGAONKAR, J.

Dated : February 25, 2026 PER COURT :- 1.

Present Writ Petition is filed with following prayer :- "[B].Quash and set aside the impugned order dated 21.10.2025 passed by Respondent No.1-Sub Divisional Officer, Pathardi, District Ahmednagar, in R.T.S. Revision no.304 of 2023 and for that purpose issue necessary orders."

2.

The petitioner unsuccessfully availed the remedy under section 5 of the Mamlatdar's Courts Act. It appears that the customary way, which was available to the petitioners pass from river-bed and now due to water logging, such way is not available. In the aforesaid backdrop, petitioners may avail the remedy under section 143 of the Maharashtra Land Revenue Code. No fault can be found in impugned order, whereby the authorities have concluded that there was no existing way as

wp 2069.26.odt claimed by the petitioner. In this background, writ petition stands disposed of with liberty in favour of the petitioner to avail the remedy under section 143 of the Maharashtra Land Revenue Code.

( S. G. CHAPALGAONKAR, J. ) ...

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