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Bombay High Court

SHAHODEV RAOSAHEB MAHARNOR AND OTHERSversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The Tahsildar's findings were not supported by the panchanama and therefore the orders were quashed and the matter remanded for fresh adjudication.

Summary

The petitioners challenged the order of the Tahsildar, Georai, which confirmed the existence of a customary cartway and its obstruction, alleging that the supporting panchanama did not mention any such way. They contended that the Tahsildar’s finding was not based on the material on record. Respondent No.4 argued that the fencing noted in the panchanama implied obstruction of a customary way. The Court examined the panchanama and found no clear reference to a cartway, concluding that the Tahsildar’s findings were unsupported. Accordingly, the Court partially allowed the writ petition, quashed the impugned orders, and remanded the matter for fresh adjudication, permitting interim use of the pathway by Respondent No.4.

Issues considered

  • Whether the Tahsildar's finding of existence of a customary cartway and its obstruction, not reflected in the panchanama, is legally sustainable
  • Whether the orders passed by the Tahsildar and confirmed by the Additional Collector should be quashed
  • Whether the matter should be remanded for fresh adjudication with a fresh spot inspection

Subjects

  • Land revenue
  • Customary cartway
  • Panchanama
  • Spot inspection
  • Tahsildar
  • Additional Collector
  • Quash order
  • Remand

Judgment

2026:BHC-AUG:16439
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                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                                  22 WRIT PETITION NO. 2990 OF 2016

                            Shahodev Raosaheb Maharnor And Others
                                               VERSUS
                               The State Of Maharashtra And Others
                                                  ...
             Advocate for the Petitioners : Mr. Yuvraj Kakde h/f Mr. Gaware Niteen V.
             AGP for Respondents: Mr. D. R. Korde
             Advocate for Respondent No.4 : Mr. Natu Sharad V.
                                                  ...

                                      CORAM         : SIDDHESHWAR S. THOMBRE, J.
                                      DATE          : 02.04.2026

             PER COURT :
             1.        Heard the learned counsel for the respective parties.

             2.        The petitioners are assailing the order dated 27/01/2016 passed by

             the Additional Collector, Beed in Case No.2015/CD/Appeal/CR/50

             thereby confirming the order dated 14.08.2015 passed by Tahsildar,

             Georai in Case No.2014/Jama/2/KAVI.

             3.        Mr. Kakde holding for Mr. Gaware, the learned counsel for the

             petitioners submits that pursuant to the application filed by respondent

             No.4, the Tahsildar directed spot inspection through the Revenue

             Authorities and a panchanama was prepared. Inviting attention to the

             said panchanama dated 16.06.2015, it is submitted that there is no

             specific mention regarding existence of any cartway. On the contrary, it is

             submitted that due to pendency of proceedings before this Court, final
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decision was not taken, however, the Tahsildar recorded a finding

regarding existence of a customary way and obstruction thereof, which is

not in consonance with finding given in the panchanama.

4.        Mr. Natu, the learned counsel for respondent No.4 supports the

impugned orders and submits that the panchanama refers to fencing,

from which obstruction to the customary way can be inferred.

5.        Having heard the learned counsel for the parties and upon perusal

of the panchanama (at page No.29), it appears that there is no clear or

specific reference regarding existence of a customary cartway or

obstruction thereof. The panchanama rather indicates existence of

fencing on the boundaries of the survey numbers. Despite of this, the

Tahsildar has recorded a finding regarding existence of the cartway,

which is not supported by the material on record.

6.        In view of the above, the findings recorded by the Tahsildar and

confirmed by the Additional Collector are not sustainable. Hence, the

following order is passed :

                                      ORDER

(i)       Writ petition is partly allowed.

(ii)      The impugned order dated 14.08.2015 passed by Tahsildar, Georai

          in Case No.2014/Jama/2/KAVI and order dated 27/01/2016

          passed    by   the    Additional    Collector,   Beed   in   Case

          No.2015/CD/Appeal/CR/50 are hereby quashed and set aside.
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(iii) The matter is remanded to the Tahsildar, Georai for fresh

          adjudication. The Tahsildar shall issue notice to all concerned

          parties, carry out fresh spot inspection, prepare panchanama and

          decide the proceedings afresh by giving finding upon existence of

          pathway and obstruction thereto, in accordance with law, within a

          period of four (4) months from today.

(iv)      By way of interim arrangement, respondent No.4 is permitted to

          use the pathway in question. The said arrangement shall continue

          till the Tahsildar decides the matter afresh.




                                             [ SIDDHESHWAR S. THOMBRE ]
                                                       JUDGE


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