1 WP / 3497 / 2023 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 1021 WRIT PETITION NO. 3497 OF 2023 BHAUSAHEB RANGNATH SHELAR VERSUS THE SUB DIVISIONAL OFFICER KARJAT AND OTHERS ... Advocate for petitioner : Mr. Abhijit S. More AGP for the respondent – State : Ms. D.S. Jape Advocate for respondents no. 3 to 8 : Mr. A.A. Nimbalkar ... CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 13 JANUARY 2026 PER COURT : Heard learned counsel for the respective parties. 2. By way of present petition, the petitioner assails the order dated 12.12.2022 passed by respondent no. 1 – Sub Divisional Officer in Revision Application No. 37 of 2022 whereby the Revision filed by the petitioner came to be rejected thereby confirming the order passed by respondent no. 2 – Tahsildar, Karjat in Easementary Suit No. 85 of 2021 dated 02.02.2021. 3. Respondents no. 3 to 8 filed an application before the Tahsildar under section 5(2) of the Mamlatdars’ Courts Act, 1906 with a prayer that the obstruction created by petitioner / original respondent on 18 feet wide road leading to Dhaman vasti where the respondents no. 3 to 8 / applicants reside, should be removed. The learned Tahsildar directed the Revenue Officer to conduct a spot inspection and report was submitted. 2026:BHC-AUG:1557 2 WP / 3497 / 2023 4. Mr. More, learned counsel for the petitioner submits that respondents no. 3 to 8 are using the same road and are obstructing the petitioner from using it. The object of the Act is confined only to see whether there is a pathway and whether the same has been obstructed. When the panchanama reveals that there was customary pathway, it was expected from the authority to clear the same rather than clearing the 18 feet road. 5. Therefore, I am inclined to modify the order passed by the learned Tahsildar. In view of that, the order passed by Tahsildar, Karjat dated 02.02.2021 is modified with a clarification that respondents no. 3 to 8 are permitted to use the pathway or wahivat as per the panchanama. 6. With the above clarification, the petition is disposed of. [ SIDDHESHWAR S. THOMBRE ] JUDGE arp/