11-wp-2849-2016.doc Shabnoor IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2849 OF 2016 Dashrath Pandurang Bavkar & Ors. … Petitioners V/s. Kisan Ganpat Murkute & Ors. … Respondents 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 1 SHABNOOR AYUB PATHAN Digitally signed by SHABNOOR AYUB PATHAN Date: 2026.09.07 16:24:56 +0530 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.) 2