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
- Mamlatdar’s Courts Act, 1906 — s. 5
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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