1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 993/2009 (Smt. Radhabai Govindrao Suroshe Vs. Shri Deshavrao Chimanji Suroshe & anr.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.T. Harkare, Advocate, for the petitioner. Mr. H. R. Dhumale, Advocate for the respondents. CORAM : SMT. VASANTI A. NAIK, J. DATE : JUNE 24 , 2009 . Heard the learned counsel for the parties. Perused the impugned order dated 18th of December, 2008. On a consideration of the same, it is clear that the Sub Divisional Officer, Pusad, was justified in allowing the revision filed by the respondents and setting aside the order passed by the Niab Tahsildar on 20/11/2008, on an appreciation of the entire material on record. It appears from the order passed by the revisional authority that certain evidence which is considered by the revisional authority was not considered by the Naib Tahsildar before passing the order dated 20/11/2008. On an appreciation of the evidence, the Sub Divisional Officer observed that a customary way was not seen in any map and there was also absence of concrete evidence in that behalf. The Sub Divisional Officer, therefore, found that the petitioner was not entitled to a right of way as claimed by the petitioner and 2 the order passed by the Naib Tahsildar directing the respondents for removing the obstructions from the suit way, was liable to be set aside. The findings recorded by the Sub Divisional Officer are based on a proper appreciation of the evidence on record. The writ petition, therefore, fails and is dismissed with no order as to costs. JUDGE RMP