1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Writ Petition No.1423 of 2007 With Civil Application No.951 of 2008 Shri Vishwanath Ramchandra Gaikwad and ors. Petitioners Vs. Shri Hanumant Pandurang Mane & anr. Respondents Mr.V.S.Kapse for petitioner. Mr.Rahul Kate for resp.no.1. Ms.V.S.Mhaispurkar, AGP for resp.no.2. CORAM: B.H.MARLAPALLE, J. April 7, 2008 P.C. . Heard Mr.Kapse, the learned counsel for the petitioners who had approached the Tahsildar, Baramati by filing an application under Section 5 of the Mamlatdar Courts Act, 1906 and the same came to be registered as Application No.30 of 2006. The Tahsildar was pleased to allow the application vide his order dated 16/10/2006 which order came to be challenged before the Sub Divisional Officer at Baramati in Revision Application No.39 of 2006. The revision has been allowed on 29/1/2007 and the order passed by the Tahsildar has been set aside. . It was submitted before me that if the SDO did not agree with the findings or the reasoning in 2 support of the said findings recorded by the Tahsildar, it was necessary to remand the application filed by the petitioners with the further direction to treat the same as the one filed under Section 143 of the MLR Code, 1966. It was further submitted that the petitioners in their agricultural land in Gat No.304 of village Katewadi have cultivated sugar-cane crop and it is due for harvest. The sugar factory concerned has to lift the sugar-cane and for the same the road to the said land passes through Gat No.303 which has been now denied. In view of this urgency, Mr.Kapse prayed to direct the Tahsildar to treat the original application as the one filed under Section 143 of the MLR Code and decide the same after hearing the respective parties within the fixed period. . Hence the petition is disposed off by the following directions: (a) The order passed by the SDO on 29/1/2007 is hereby modified with the addition that the application filed before the Tahsildar stands restored and remanded, to the said officer, (b) on remand the application submitted by the 3 petitioners to the Tahsildar shall be treated as the one filed under Section 143 of the MLR Code, and (c) The said application shall be heard and decided as per law as expeditiously as possible and in any case before 30th April 2008. . The parties to appear before the Tahsildar on 15th April 2008. . An authenticated copy of this order be supplied to the parties. . The learned AGP to communicate this order to the Tahsildar forthwith. . In view of the above, Civil Application No.951 of 2008 stands disposed off. (B.H.MARL