1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO.187 OF 2009. Purushottam Umrao Chavan ­ PETITIONER VERSUS 1) The State of Maharashtra & others. ­ RESPONDENTS ***** Mr.VB Patil, Advocate for Petitioner; Mr.VB Ghatge,AGP for Respondent Nos. 1 & 2; Mr.MM Bhokarikar, Adv. for Resp.No.3; Mr.SP Tiwari, Adv. for Respondent Nos.4 to 7 ­­­­­ CORAM : K.U.CHANDIWAL,J. DATE : 16th November,2010. PER COURT: 1) Heard. Rule, Rule made returnable forthwith. Heard finally by consent of parties. 2) The revision petitioner questions the findings of learned Tahsildar, Jamner and confirmed by learned Sub Divisional Officer, Jalgaon in Revision Application No.5/2009. The controversy rests to providing an access to the respondent nos.2 to 7 for land Gut No.142/1. 2 3) My attention was invited to the panchanama dated 17.1.2009 to illustrate that there was no such existence of the access for the respondents from the property of the present petitioner and there is no encroachment of any of such so­called ancestral access and consequently, both the orders passed by the authorities below are not sustainable. 4) The learned Counsel for the petitioner also took objection to entertaining the application dated 31.7.2008, moved by the respondent ­ Ramesh, pointing that such proceedings being before a Court in terms of Section 5 of the Mamlatdar Courts Act, 1906, the other provisions will be applicable to be adhered and which are not followed by Respondent and even the authorities. 5) Sections 7, 8, 9 and 12 of the said Act reads as under : “7. Suits commenced by plaint: Contents of Plaint,­ All suits under this Act shall be commenced by a plaint, which shall be presented to the Mamlatdar in open Court by the plaintiff and which shall contain the following particulars,'­ (a) the name, age, religion, caste, profession and place of abode of the plaintiff; (b) the name, age, religion, caste, 3 profession and place of abode of the defendant; (bb) the nature and situation of the impediment erected and the situation of the lands which are adjacent to each other and nature of the relief sought; (c) the nature and situation of the property of which possession for use is sought or the nature of the injunction to be granted, as the case may be ; (d) the date on which the cause of action arose; (e) the circumstances out of which the cause of action arose; and (f) a list of the plaintiff's documents, if any, and of his witnesses, if any, showing what evidence is required from each witness whether such witnesses are to be summoned to attend or whether the plaintiff will produce them on the day and at the place to be fixed under Section 14” “8. Where a petition not in the form of a plaint is presented to the Mamlatdar the subject matter thereof appears to fall within the scope of section 5, the Mamlatdar shall explain to the person presenting the petition; the nature of the re1iefs afforded by this Act and shall inquire whether the petitioner desires to obtain relief thereby. If the petitioner expresses a desire so to obtain relief,the Mamlatdar shall endorse the desire on the petition 4 which shall thereupon be deemed to be a plaint presented under section 7. ” “9. Where the plaint does not contain the particulars specified in section 7 or is unnecessarily prolix, the Mamlatdar shall forthwith examine the plaintiff upon oath and ascertain from him such of the particulars specified in section 7 as are not clearly and correctly stated in the plaint and shall reduce the examination to writing in the form of an endorsement on or annexure to the plaint which shall thereupon be deemed to be part of the plaint. Where the plaintiff requires time to obtain any of the particulars specified in section 7, the Mamlatdar shall grant him such time as may under all the circumstances appear reasonable. ” “12. Rejection of plaint, ­ The Mamlatdar shall reject the plaint,­ (a) where the plaintiff declines to make a statement on oath under section 9;or (b) where the plaintiff is willing to make or has made a statement on oath under section 9, but fails to furnish the particulars specified in section 7 within the time fixed under Section 9 or altogether; or (c) where it appears upon the face of the plaint, (i) that the property or use claimed is not one of the kind specified in Section 5, or 5 (ii) that the cause of action arose more than six months before the plaint was presented; or (d) where the declines to subscribe or verify the plaint as required by Sections 10 and 11.” 6) Taking survey of above sections, it is explicit that presentation of petition should be in the form of the suit, with compliance as indicated in Sections 7, 8 and 9 of the said Act. Section 12 directs rejection of the plaint, if the plaintiff declines to make a statement on oath under section 9. 7) There is no such statement of the original applicant/respondent on oath or verification; application does not give age, description and residence of the parties litigating. Consequently, on this sole ground, the order of the learned Tahsildar, Jamner and that of Sub Divisional Officer, Jalgaon call for interference and hence both the orders are set aside. Civil Revision Application allowed. No costs. 8) Heard. The order is stayed for a period of four weeks. (K.U.CHANDIWAL) JUDGE bdv/