1 wp11031.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 11031 OF 2010 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. A.I. Deshmukh, Advocate for the petitioner. Mr. P.B. Patil, Advocate for respondent. 1. Heard Advocate Shri. Deshmukh for petitioner and Advocate Shri. Patil for respondent-caveator. 2. Learned counsel for petitioner contends that the Sub-Divisional Officer has ignored spot verification by Tahsildar and merely after appreciation of material on record, reversed the order of Tahsildar. 3. Advocate Shri. Patil for respondent has pointed out that the material relied upon by the Tahsildar is found to be unacceptable by Sub-Divisional Officer and because of that application of mind, he reversed the order passed by the Tahsildar. 4. During hearing, it has transpired that the Tahsildar 2 wp11031.10 who is Mamlatdar under Section 5 of the Mamlatdar Court's Act, has not recorded any evidence and only on the strength of spot inspection and statement allegedly recorded at the spot, decided the matter. Thus, there is failure to exercise jurisdiction in accordance with law. 5. The impugned orders of the Sub-Divisional Officer and the Tahsildar are therefore quashed and set aside. The proceedings in Wahiwat Case no. 11 of 2008 filed by the petitioner, are restored back to the file of Tahsildar, Dharangaon for taking fresh steps in accordance with law and for its adjudication after giving the parties necessary opportunity. The Writ Petition is accordingly partly allowed. No costs. (B.P. DHARMADHIKARI) JUDGE. 21.01.2011 gas/wp 11031.10