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Bombay High Court

DASHRATH PANDURANG BAVKAR AND ORSversusKISAN GANPAT MURKUTE AND ORS

Decided
Disposal
Disposed Off

Holding

The application was defective for not providing a specific description of the road, and therefore the orders based on it were set aside.

Summary

The petitioners challenged orders passed by a Mamlatdar’s Court that were based on an application filed by the respondents under Section 5 of the Mamlatdar’s Courts Act, 1906. The Court observed that the application failed to describe the exact boundaries or particulars of the road for which relief was sought, a statutory requirement under the Act. Because the road could not be ascertained from the pleadings, the Court held the application defective. Consequently, the impugned orders were set aside and the respondents were directed to file a fresh, properly described application. The writ petition was disposed of without any order as to costs, and both parties were allowed to present further material before the Mamlatdar’s Court.

Issues considered

  • Whether the application filed under Section 5 of the Mamlatdar’s Courts Act, 1906, complied with the statutory requirement of specifically describing the road and its boundaries.

Legislation cited

Subjects

  • Mamlatdar’s Courts Act
  • Section 5
  • road description
  • procedural defect
  • writ petition
  • High Court

Judgment

                                                                             11-wp-2849-2016.doc


                      Shabnoor
                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION

                                        WRIT PETITION NO.2849 OF 2016

SHABNOOR              Dashrath Pandurang Bavkar & Ors.              … Petitioners
AYUB                             V/s.
PATHAN
Digitally signed by   Kisan Ganpat Murkute & Ors.                   … Respondents
SHABNOOR AYUB
PATHAN
Date: 2026.09.07
16:24:56 +0530
                      Mr. Vilas B. Tapkir a/w Ms. Mrunmayi Khambete, for
                      the Petitioners.
                      Mr. Nachiket V. Khaladkar, for Respondent No.1.
                      Ms. M. S. Nimbalkar, AGP, for the State – Respondent.


                                                   CORAM      : AMIT BORKAR, J.

                                                   DATED      : SEPTEMBER 7, 2026
                      P.C.:

                      1.      It appears that the application filed by the respondents under
                      Section 5 of the Mamlatdar’s Courts Act, 1906, does not
                      specifically describe the boundaries of the road or provide the
                      particulars of the road, as contemplated under the provisions of
                      the Mamlatdar’s Courts Act, 1906.

                      2.      On perusal of the entire application, the exact description of
                      the road in respect of which the respondents seek relief cannot be
                      ascertained. The relief granted by the Authority appears to be
                      based on the existence of a road passing through the boundaries of
                      a particular certificate number, which does not constitute a specific
                      place pleaded in the application. It is, therefore, open to the
                      respondents to file a fresh application giving a specific description
                      and particulars of the road in respect of which they seek relief



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                                                      11-wp-2849-2016.doc


under Section 5 of the Mamlatdar’s Courts Act, 1906.

3.    With the aforesaid liberty, the impugned orders are set aside.

4.    It shall, however, be open to both parties to produce such
material as they may seek to rely upon in support of their
respective cases before the Mamlatdar’s Court.

5.    The writ petition stands disposed of. There shall be no order
as to costs.

6.    Pending interlocutory application(s), if any, also stand
disposed of.

                                            (AMIT BORKAR, J.)




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