Bombay High Court
RAMCHANDRA VENKATRAO JADHAVversusTHE STATE OF MAHARASHTRA THROUGH COLLECTOR AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The trial court's decree stands, the Tahsildar's order-cum-direction is set aside, and the writ petition is disposed.
Summary
Ramchandra Venkatrao Jadhav filed a writ petition challenging an order-cum-direction issued by the Tahsildar of Biloli granting a right of way over his land. The petition relied on the decree of the Civil Judge, Senior Division, Biloli in Suit No. 127 of 2021, which set aside the Tahsildar's order and granted a perpetual injunction in favour of the petitioner, restraining the defendants from interfering with his possession of the suit land. The High Court examined the decree and found that the trial court had already decided the matter, leaving no issue for the writ petition to consider. Consequently, the Court disposed of the writ petition, upholding the trial court's decree and the injunction. The order-cum-direction of the Tahsildar was thereby nullified.
Issues considered
- What is the effect of the trial court's decree setting aside the Tahsildar's order-cum-direction granting a right of way?
- Whether the writ petition can be entertained after the trial court has granted a perpetual injunction in favour of the petitioner.
Subjects
- right of way
- perpetual injunction
- order-cum-direction
- Tahsildar
- civil suit
- writ petition
- property dispute
Judgment
2026:BHC-AUG:6378
Dilwale 1 103-WP-6910 -23.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
103 WRIT PETITION NO. 6910 OF 2023
Ramchandra Venkatrao Jadhav
VERSUS
The State Of Maharashtra Through Collector And Others
...
Advocate for the Petitioner : Mr. K. M. Nagarkar h/f Mr. Kulkarni Smita S.
AGP for Respondents: Mr. A. D. Wange
Advocate for Respondent No.6 : Mr. Hande Avinash D.
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 12.02.2026
PER COURT :
1. The learned counsel for the petitioner tenders the order dated
14.11.2025 passed by the learned Civil Judge, Senior Division, Biloli in
Regular Civil Suit No. 127 of 2021 below Exhibit-89, whereby the suit
filed by the petitioner has been decreed. The learned Trial Court has
passed the following order:-
“2. The order-cum-direction issued by defendant No.1 Tahsildar
Biloli vide letter No.2021 Criminal section/ ka vi ( का वी) dated
20.07.2021 in favour of defendant No.1 regarding right of way for
approaching his Gat no.61 through suit land owned by the plaintiff i.e.
Gat No.60 admeasuring 1 H 40 R situated at Dagadapur, Taluka-Biloli,
District-Nanded, stands set-aside forthwith.
3. The perpetual injunction is granted in favour of the plaintiff
against the defendants their agents restraining them from interfering or
obstructing in the peaceful possession of the plaintiff over the suit land.”
2. In view of the above, nothing survives for consideration in the
present writ petition. Hence, the writ petition stands disposed of.
[ SIDDHESHWAR S. THOMBRE, J ]
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