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2025 DAILYLAW 29167 (BOM)

PATHAN DAUDKHA SARDARKHA PATHAN AND ANOTHER v. THE SUB DIVISIONAL OFFICER BEED DIVISION AND OTHERS

WP/11457/2025 · 2025-09-20

Shri Arun R Pedneker

body2025

Judgment text

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1 11457.25WP IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 904 WRIT PETITION NO.11457 OF 2025 PATHAN DAUDKHA SARDARKHA PATHAN & ANOTHER VERSUS THE SUB DIVISIONAL OFFICER BEED DIVISION & OTHERS ... Advocate for the petitioners : Mr.A.S.Deshpande AGP for Respondent-State : Mr.R.D.Raut Advocate for Respondent nos. 3 to 16 : Mr.A.R.Tapse h/f.Mr.P.D.Suryawanshi … CORAM : ARUN R. PEDNEKER, J. DATE : 20.09.2025 P.C. : 1] The concurrent findings are recorded by the authorities under the Mamlatdar Courts Act in summary proceedings and there is obstruction of the pathway by the petitioners and directions are made to open the pathway. The findings of fact recorded being summary in nature cannot be re-opened by this Court in exercise of its writ jurisdiction, unless the same are perverse or the proceedings are without jurisdiction. 2] The petitioners may have recourse to them to adjudicate their rights before Civil Court in view of provisions of Section 22 of the Mamlatdars Courts Act. 2025:BHC-AUG:26236 2 11457.25WP 3] Accordingly, the Writ Petition is dismissed, with observations as above. [ARUN R. PEDNEKER] JUDGE DDC