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Judgment
Heard.
By this petition, the challenge is to the order passed by learned Sub-Divisional Officer, Darwha, whereby he has confirmed the order passed by Mamlatdar dated 15.07.2016, under the provisions of Mamlatdar Court’s Act.
It is the case of petitioners that they are owners of agricultural field Gat No.208/3 at village Hatola. Respondent Nos.1 to 3 is having bullock cart road from agricultural filed Survey Nos.236, 237, 238, 250, 249 and 248 from the boundary and said approach way goes to the field Survey No.239/1 owned by respondents. So also, one other alternative road is available to the respondents from village Hatola to Sangalwadi i.e. from field Gat No.241 and 249.
Per contra, it is the case of respondent Nos.1 to 3 is that they are the owners of field Gat No.239/1, 239/2 whereas petitioners are owners of field Gat No.209, 210 and 208/3. Major part of Gat No.210 is occupied in Bodegaon- Lohi raod and same goes from the middle of field Gat No.210. It is also stated that agricultural field of petitioners and respondents are besides the boundary of village Hatola. By way of bullock cart they used to approach to their field. But same was obstructed by petitioners.
In view of the rival submission of the parties, the Tehsildar has conducted the spot inspection in the matter, and the report of the spot inspection was submitted on 03.07.2014. Perusal of spot panchanana shows that on the common boundary of Gat No.208 and 236 around 40 X 40 feet towers were erected by the MSEDC for Tower Line. From the common boundaries of Gat No.208 and Gat No.236, 237 and 238 upto west side boundary of Gat No.239, the drainage was prepared to pass the rain water.
. In the background of above facts and by considering the spot inspection report, the Tehsildar has decided the proceedings, in favour of respondent Nos.1, 2 and 3. Petitioners were directed to remove the bullock cart road and do not disturb the customary way of respondents.
The petitioners have challenged the order of learned Tehsildar before the Sub Divisional Officer by filing the revision. It is the specific submission of the present petitioners that the spot inspection report dated 03.07.2014 is very specific, stating that in the field between Gat No.208 and 236, there is an electric tower installed of 40 X 40 feet, and therefore, considering this obstruction, which is not erected by the present petitioners, the said obstruction cannot be removed by them. So also, finding recorded by Tahsildar are contrary to the spot inspection report.
Learned Sub Divisional Officer, in light of the grounds raised by the present petitioners, was expected to consider the entire controversy and decide the revision by recording specific findings on the issues which are raised before him. However, the perusal of the impugned order dated 18.04.2017 nowhere shows any application of mind rather the order passed is of cryptic nature. The bare perusal of the impugned order shows that there is no consideration nor discussion to reflect the fact that he has dealt with the submission of parties. He has simply confirmed the order passed by the Tehsildar.
It is a well-settled position of law that an authority who is acting as a quasi-judicial authority is supposed to consider the entire grievance and record cogent reasons in support or against the order which is under challenge. But here, in the present case, it is prima facie clear that without considering the grievance of the parties and the grounds which are raised before him, passed the impugned order. Therefore, the impugned order dated 18.04.2017, which is of cryptic nature, is liable to be quashed and set aside. Accordingly, following order is passed:
ORDER
The Writ petition is allowed.
ii) The order passed by the Sub-Divisional Officer, Darwha, dated 18.04.2017, is quashed and set aside.
iii) The proceeding bearing Revision RCN No.9/MCA-5/2015-16, Mouza Hatola, Tq. Darwha are restored to the Sub-Divisional Officer, Darwha.
iv) The Sub-Divisional Officer is directed to consider the entire controversy and the grounds raised by the parties before him and pass a speaking order on the basis of the submission of the parties.
The parties are directed to appear before the Sub-Divisional Officer, Darwha on 07.09.2026.
vi) The Sub-Divisional Officer, Darwha shall decide the proceeding within three months after the appearance of the parties.
The writ petition stands disposed of in above terms. No order as to the costs.