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Bombay High Court

BHARAT MAROTI AMBHORE AND ANOTHERversusTHE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The High Court held that the Mamlatdar’s order and the subsequent revision order were invalid because the panchnama did not establish a pre‑existing pathway, and therefore the writ petition was allowed and the orders quashed.

Summary

The petitioners, owners of agricultural land Gut No.159 in Nanded, were sued by neighboring landowners (respondents) who claimed a pre‑existing usage pathway (Wahivat Rasta) through their land and sought its clearance under Sections 4 and 5 of the Mamlatdar’s Courts Act, 1906. A panchnama was taken in May 2021, resulting in a temporary settlement allowing the respondents to use the land for the sugarcane harvest, but it did not record any pre‑existing pathway or obstruction. Despite this, the Tahsildar issued an order on 31‑May‑2022 directing the pathway be cleared, and the Sub‑Divisional Officer upheld it on revision. The petitioners challenged these orders, arguing the panchnama was insufficient to support a finding of a pre‑existing right of way. The High Court held that the panchnama did not establish such a right, the Mamlatdar’s order and the revision order were erroneous, and consequently quashed both orders, allowing the writ petition. An interim order permitting the respondents to use the footway for six weeks was also continued.

Issues considered

  • Whether the panchnama under the Mamlatdar’s Courts Act, 1906, established the existence of a pre‑existing usage pathway and its obstruction.
  • Whether the Mamlatdar/Tahsildar could validly order the clearance of a pathway absent such a finding.
  • Whether the revision authority erred in upholding the Mamlatdar’s order.
  • Whether the petitioners must approach a civil court for determination of their civil rights.

Legislation cited

Subjects

  • usage pathway
  • Wahivat Rasta
  • Mamlatdar’s Courts Act
  • panchnama
  • revision petition
  • civil rights
  • agricultural land
  • interim relief

Judgment

2026:BHC-AUG:42878

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                                                                      949-wp-12461-2024

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                                     WRIT PETITION NO. 12461 OF 2024

                                  Bharat Maroti Ambhore And Another
                                                VERSUS
                      The State Of Maharashtra Through The Secretary And Others
                                                   ...
                     Mr. Yashodeep Deshmukh h/f Mr. A. D. Kawre, Advocate for
                     the Petitioners
                     Mr. K. B. Jadhavar, AGP for Respondent-State
                     Mr. S. R. Bagul h/f Mr. B. N. Gadegaonkar, Advocate for
                     Respondent nos.6 to 17
                                                  …..
                                          CORAM : AJIT B. KADETHANKAR, J.
                                             DATED : 16TH SEPTEMBER, 2026

                     P.C. :-

                     .         Petitioners are the owners and possessors of agricultural

                     land bearing Gut No.159 at village Sawargaon, Taluka

                     Ardhapur, District Nanded. Respondents are the owners and

                     possessors of their agricultural lands bearing Gut number 162,

                     164, 165 and 167. The respondents initiated proceedings

                     taking recourse to Section 4 and 5 of the Mamlatdar’s Courts

                     Act, 1906 (“the Act of 1906” for brevity), before the Tahsildar

                     contending that they had a usage pathway, (Wahivat Rasta) to

                     access to their agricultural lands through Gut Nos.159 and

                     160.
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2.    The respondents further contended that the petitioners

obstructed the said pathway, and hence they were constrained

to take recourse to the proceedings under the Act of 1906.

Pursuant   to   the   application,   the   Tahsildar   arranged

Panchanama. Accordingly, a Panchanama was conducted in

May 2021. On the same day it appears that some settlement

was arrived at between the parties whereby the petitioners

permitted the respondents to access their agricultural lands

for the ongoing sugarcane harvesting season. Thereafter, the

proceedings were not pursued further.

3.    However, on 31.05.2022, the Tahsildar, Ardhapur @

Mamlatdar passed an order thereby observing that there

existed a usage pathway for the applicants therein through the

land of the petitioners and directions were issued to clear the

said usage way. It was also directed to the Circle Officer and

Tahsildar to clear the road and to take it on record of the 7/12

extract.

4.    Feeling aggrieved thereby, the petitioners filed Revision

Petition under Section 23 before the Sub-Divisional Officer,

Nanded. By order dated 02.08.2024, the Sub-Divisional

Officer concurred with the findings recorded by the first

authority and the Revision came to be dismissed.
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5.    Feeling aggrieved thereby, the petitioners are before

this Court.

6.    I have heard both the sides extensively and also perused

their pleadings. Suffice to note, the proceedings under the

Mamlatdar’s Courts Act are for immediate relief. The only

thing that was to be established is that there was a pre-

existing pathway which was blocked subsequently, and hence

direction could be issued by the Mamlatdar to clear such

pathway. It is a trite law that the parties are required to

agitate their civil rights before the Civil Court for their desired

purpose corresponding to their rival rights. What is crucial for

passing an order under the Act of 1906 for directing to

remove an obstruction or to clear a pathway is the Panchnama

and the observations recorded therein.

7.    The panchnama dated 20.12.2021 is produced before

me at page no.18. Upon careful perusal of the said

panchnama, it does not appear that the Panchas have

recorded the pre-existance of pathway or that such pathway

was subsequently obstructed. What is recorded therein is

merely the contentions of the parties. The panchnama

concludes with the purported settlement whereby the

petitioners permitted the respondents to use their land for
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accessing their respective agricultural lands for the then

prevailing sugarcane harvesting season.

8.    On the basis of the above, the first authority has passed

the order dated 31.05.2022. I find that the panchnama is

apparently a deficit one to bring the first authority to the

conclusion that there was a pre-existing pathway and the

applicants could take recourse of Section 4 and 5 of the Act of

1906. In fact, since the panchnama procedure ended with an

amicable settlement between the parties, the Tahsildar would

have been justified if he would have reopened the matter and

have conducted a correct panchnama. However, the same

exercise is not done and the order dated 31.05.2022 came to

be passed.

9.    I am of the considered view that on the basis of such

panchnama, the order could not stand. In view of this, I find

that the Mamlatdar @ the Tahsildar, erred in passing the

order dated 31.05.2022. The Sub-Divisional officer i.e.

Revisional Authority also erred in not considering the matter

in this perspective. In view of this, I find that a successful case

is made out by the petitioners to call interference in the orders

passed by both the authorities. Hence, the following order:
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                                 ORDER

        a.       Writ Petition stands allowed.

        b.       The order dated 31.04.2022 passed by the
        Mamlatdar @ Tahsildar and the order dated
        02.08.2024 passed by the Sub-Divisional Officer
        are quashed and set aside.

        c.       Suffice to note, the parties are at liberty to
        approach the Civil Court for establishment of
        their civil rights, if so advised.

        d.       If parties approach to the Civil Court, the
        observations made by the Authorities or by this
        Court would remain to the extent of present
        proceedings.

        e.       Writ Petition stands disposed of.



10.     Mr. S. R. Bagul, Advocate for the respondents submits

that by way of an interim relief this Court permitted the

respondents to use petitioners’ land as a footway.

11.     The said interim relief is continued for a period of

further six weeks from today.



                                        ( AJIT B. KADETHANKAR, J. )

Rushikesh/2026


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