1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO.3727 OF 2008 Shri Nivriti M. Zankar Petitioner vs. Shri Sudhakar Balu Zankar & ors. Respondents Mr.Anilkumar Patil for the petitioner. Mr.R.S.Khadapkar i/by Mr.S.D.Shinde for respondents 1 and 2. CORAM : R.V. MORE,J. DATED : 21st July, 2008 P.C. Heard the learned counsel for the respective parties. 2. Respondent no.1-Sarpanch preferred proceedings under Section 5 of the Mamlatdars’ Courts Act, 1906 and obtained order against the petitioner regarding way from the boundaries of land bearing Gat Nos.489 and 490. This order was challenged by the petitioner by filing revision before the Deputy Collector and the Deputy Collector set aside the aforesaid order of Tahsildar. The respondent thereafter preferred an appeal before the Additional Collector and the Additional Collector was pleased to allow the said appeal and remanded the matter back to the Deputy Collector. The Deputy Collector after remand rejected the petitioner’s revision and this 2 order was challenged by the present petitioner before the Commissioner under Section 257 of the Revenue Code. The Commissioner by the order dated 17.1.2008 held that revision is not maintainable in view of the fact that the original proceedings was filed under section 5 of the Mamlatdar’s Courts Act. This order is impugned in the present petition. 3. After hearing the learned counsel for the respective parties, I do not find any error in the impugned order. The Additional Commissioner rightly held that the petitioner’s revision as not maintainable. The petition is devoid of any merits and the same is therefore dismissed. 4. Needless to mention that the dispute between the parties in this regard which is pending in the civil Court shall be decided independently on its own merit. [R.V. [R.V. [R.V. MORE,J.] MORE,J.] MORE,J.]