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Bombay High Court

VILAS GULAB WAGHversusSATYABHAMA GORAKH SHINDE

Disposal
DISPOSED OFF

Holding

The orders directing removal of the obstruction were within the Mamlatdar’s jurisdiction under Section 5 and did not constitute creation of a new road, and the plaint complied with Section 7, so the petition was dismissed.

Summary

The petitioner challenged the order of the Mamlatdar, Dhule Rural, which directed removal of an obstruction on a road leading to the respondent's agricultural land, and the subsequent revision order of the Sub‑Divisional Officer. The petitioner argued that under Section 5 of the Mamlatdars’ Courts Act, 1906 the Mamlatdar cannot create a new road and that the plaint lacked an affidavit as required by Section 7. The Court examined the orders and found that they merely directed removal of an existing obstruction, not the creation of a new road, and held that Section 7 does not mandate an affidavit for an informal plaint. Consequently, the Court concluded there was no jurisdictional error or procedural defect. The writ petition was dismissed with no order as to costs.

Issues considered

  • Whether the Mamlatdar, exercising powers under Section 5 of the Mamlatdars’ Courts Act, 1906, can create a new road in favour of a plaintiff.
  • Whether the plaint filed under the Act must be supported by an affidavit as per Section 7.

Legislation cited

Subjects

  • Mamlatdar jurisdiction
  • Section 5
  • Section 7
  • removal of obstruction
  • road
  • writ petition
  • revision
  • agricultural land

Judgment

2026:BHC-AUG:40827
                                                 1                          914-WP-10659-2021.odt




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                914 WRIT PETITION NO. 10659 OF 2021

                                         Vilas Gulab Wagh
                                              VERSUS
                                    Satyabhama Gorakh Shinde
                                                …..
             Mr. Amol Sawant, Advocate for the Petitioner.
             Mrs. M. L. Sangit, AGP for Respondent – State.
                                                …..

                                      CORAM          : ROHIT W. JOSHI, J.
                                      DATE           : 04 SEPTEMBER 2026

             PER COURT :


             1.        The present petition is filed in order to challenge the order dated

             22 March 2021 passed by the Tehsildar/Mamlatdar, Dhule Rural in

             Vahiwat Case No.7 of 2020 and the order dated 8 July 2021 passed by

             Sub-Divisional Officer, Dhule Region, in Revision Application No.

             RTS/Revision/30/2021.

             2.        Respondent No.1 has instituted the aforesaid case, inter alia,

             seeking directions for removal of obstruction over a road leading to his

             agricultural land. The present petitioner opposed the said application.

             However, upon considering the spot inspection report and other evidence,

             the application came to be allowed.


             3.        The present petitioner preferred revision a before the Sub-

             Divisional Officer, which also came to be dismissed.

             Kiran Kawre
                                      2                         914-WP-10659-2021.odt


4.        The present petition is filed in order to assail the aforesaid orders.

It is not in dispute that the impugned orders have already been

implemented and the obstruction on the subject road is removed.


5.        The contention of learned advocate for the petitioner is that in

exercise of powers conferred under Section 5 of the Mamlatdars’ Courts

Act, 1906, a new road cannot be created in favour of the plaintiff. The

contention is that the provision only enables the Mamlatdar to order

removal of obstruction on an existing road. It is contended that in

exercise of jurisdiction under Section 5, a new road is granted, and as

such, the order is without jurisdiction.


6.        I have perused the impugned order passed by the Mamlatdar.

Perusal of the order indicates that directions are issued for removal of

obstruction on the road. The contention raised that a new road is created

in the absence of any in jurisdiction under Section 5 of the Act, therefore,

cannot be accepted.


7.        The learned advocate for the petitioner also makes a submission

that the plaint is not supported by an affidavit and, as such it is not in

compliance of Section 7.


8.        Perusal of Section 7 of the Act will indicate that the plaint under

the Act is not required to be supported by an affidavit. The provisions

indicate that in case the plaint is informal in nature, the Mamlatdar is

Kiran Kawre
                                    3                        914-WP-10659-2021.odt


required to record the statement of verification of the plaintiff in order to

ascertain the cause of action canvassed in the informal plaint. The plaint

otherwise appears to be in order.


9.        Having regard to the aforesaid, no case for interference is made

out. The Writ Petition is dismissed with no order as to costs.




                                              [ ROHIT W. JOSHI, J. ]




Kiran Kawre


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