1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4670 OF 2010. Gyaniram Asaramji Thote : VERSUS :- The State of Maharashtra and another. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : SEPTEMBER 22, 2010. Heard Shri Firdos Mirza, learned counsel for petitioner and Shri Joshi, learned A.G.P. for respondent nos. 1 and 2. Learned A.G.P. is seeking time to obtain instructions, however, looking to the nature of the controversy, as no prejudice is likely to be caused to the respondents, his request is rejected. Rule made returnable forthwith. Heard finally by consent of parties. Application under Section 143 of the Maharashtra Land Revenue Code seeking way to approach his agricultural field is not entertained by the Tahsildar, as per communication dated 15.03.2010. The reason given therein is that it is not possible to allot such way through the lands acquired. According to Shri Mirza, learned Counsel the way can be provided through boundary even of any 2 adjacent property. His contention is, said order could not have been passed without hearing the petitioner. Without recording any findings on merits, as Section 143 is a statutory remedy conferred upon the petitioner, it is clear that the Tahsildar ought to have extended him an opportunity of hearing before rejecting his application. The Section requires Tahsildar to decide the claim as lodged. The impugned communication does not consider the claim of petitioner at all. The same is therefore, quashed and set aside. The Tahsildar, Mohadi [respondent no.2] shall hear the petitioner in the matter and thereafter proceed further to pass appropriate orders in his own wisdom. The petitioner to remain present before the Tahsildar on 15.10.2010 for said purpose. The Tahsildar shall attempt to adjudicate the claim of petitioner within further period of six months, thereafter. Subject to this, the impugned order is quashed and set aside. Rule is made absolute in the aforesaid terms, with no order as to costs. Certified copy expedited. JUDGE Rgd.