IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO.1317/2011 WAMAN SHRIRAM THAKARE & ANOR ..VS.. THE SUB DIVISIONAL OFFICER AND OTHERS. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, | Court's or Judge's orders | appearances, Court's orders of directions | | and Registrar's orders | | - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Tathod, advocate for petitioners. CORAM : SMT. VASANTI A. NAIK, J. DATE : MARCH 16, 2011. Heard Shri Tathod, the learned counsel for the petitioner. There is nothing wrong with the orders passed by the Tahsildar and the S.D.O., permitting the respondents to use the disputed way and directing the petitioners to remove the obstruction on the suit way. It is not in dispute that the disputed way was used by the respondents from a long time, but the only objection of the petitioner was that the respondents should use a new tar road which was constructed by the government to approach his field, instead of using the way which was used by the respondent since long. Merely because a tar road was constructed by the government, it cannot be said that the respondents should compulsorily use the tar road and stop using the way which was used by the respondents since long. Since the disputed way was admittedly used by the respondents for a long time, there is nothing wrong with the orders passed by the Tahsildar and the S.D.O. directing the petitioner to remove the obstruction on the disputed way. Since the orders passed by the Tahsildar and the S.D.O are just and proper, they call for no interference in exercise of the writ jurisdiction. In the result, the writ petition fails and is dismissed with no order as to costs. JUDGE SMP