Search Results for "Mamlatdars’ Courts Act"

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High Court

Gujarat High Court Dismisses Appeal Against Mamlatdar's Order Granting Right of Way Under Mamlatdars' Courts Act, 1906 — Upholds Concurrent Findings on Existence of Way and Lack of Alternative Access. The Court declined to interfere with the Mamlatdar's order under Section 5 of the Mamlatdars' Courts Act, 1906, as the appellants failed to show perversity or jurisdictional error.

12 Feb 2026

The appellants, Dhansukhbhai Jerambhai Prajapati and another, filed a Letters Patent Appeal before the Gujarat High Court challenging the judgment of ...

High Court

Gujarat High Court Quashes Mamlatdar's Order in Right of Way Dispute Under Mamlatdars' Courts Act, 1906 — Lack of Jurisdiction and Non-Compliance with Statutory Procedure. The Court held that the Mamlatdar exceeded his jurisdiction by deciding title and failing to follow the mandatory procedure under Sections 5 and 6 of the Act, rendering the orders void ab initio.

9 Feb 2026

The petitioners, owners of Survey No. 72 and Survey No. 78 in Village Mandal, Taluka Dhanera, filed a Special Civil Application under Article 226 of t...

High Court

High Court of Bombay Quashes Revisional Order in Right-of-Way Dispute for Non-Compliance with Mandatory Procedure under Mamlatdars’ Courts Act. The Court Held That a Wrongly Titled Application Can Be Amended to Proceed Under Section 5 of the Mamlatdars’ Courts Act, but Non-Compliance with the Mandatory Procedural Requirements of Sections 7 to 10 Vitiates the Proceedings.

23 Feb 2023

The writ petition arose from a right-of-way dispute concerning obstruction of a road passing through the petitioners’ land. Respondents 3 to 15, own...

High Court

Bombay High Court Allows Second Appeal in Right of Way Dispute Under Mamlatdars' Courts Act, 1906 — Civil Court Jurisdiction Barred for Orders Under Section 5 of the Act. The Court held that the remedy against a Mamlatdar's order granting right of way lies by way of appeal to the Collector under Section 7 of the Act, and the Civil Court has no jurisdiction to entertain a suit challenging such order.

8 Mar 2017

The appellant, original defendant No.1, was granted a right of way over the plaintiff's field by the Mamlatdar under Section 5 of the Mamlatdars' Cour...

High Court

Bombay High Court Allows Writ Petition Challenging Sub-Divisional Officer's Revision Order for Lack of Jurisdiction Under Mamlatdars' Courts Act, 1906. Sub-Divisional Officer Not Authorized to Exercise Revisional Powers Under Section 23(2) of the Act.

24 Jul 2014

The petitioner, Bija Maroti Hatwar, filed an application under Section 5 of the Mamlatdars' Courts Act, 1906, seeking to restrain respondent no.1 from...

High Court

High Court of Bombay at Goa Dismisses Writ Petition Challenging Tenancy Declarations and Sale of Agricultural Properties Due to Delay and Laches. Challenge to orders from 1988-1996 under Goa Tenancy Act fails as petition filed in 2013 is grossly delayed without explanation.

17 Apr 2014

The petitioner, Rashid Salvador Sousa, filed a writ petition in April 2013 under Articles 226 and 227 of the Constitution before the High Court of Bom...

High Court

Bombay High Court Dismisses Writ Petition Challenging Mamlatdar's Order to Remove Obstructions in Agricultural Way. Jurisdiction of Mamlatdar's Court Under Section 5 of Mamlatdars' Courts Act, 1906 is Not Barred by Pendency of Civil Suit for Declaration of Right of Way.

13 Jul 2010

The petitioners, owners of Gat Nos. 40/8 and 40/9, challenged the orders of the Tahsildar and Sub Divisional Officer directing them to remove obstruct...

High Court

Bombay High Court Dismisses Writ Petition Challenging Revenue Order Under Mamlatdars' Courts Act — Review Not Maintainable. Petitioner failed to show any legal error in the Additional Commissioner's order upholding the Tahsildar's direction to remove obstruction from a way under Section 5 of the Mamlatdars' Courts Act, 1906.

10 Mar 2010

The petitioner, Lala Dagadu Kale, challenged the judgment and order passed by the Additional Commissioner, Nashik Division, Nashik in RTS revision app...

High Court

Bombay High Court Allows Second Appeal in Tenancy Dispute — Sale Certificate Issued Without Jurisdiction Set Aside. The court held that the Agricultural Land Tribunal had no authority to reopen concluded proceedings and issue a sale certificate under Section 32-M of the Bombay Tenancy and Agricultural Lands Act, 1948, as the purchase price had already been fixed and the tenants had deposited their shares.

6 Jul 2005

This second appeal arises from a tenancy dispute concerning agricultural land. The original plaintiff and defendant No.2 were lawful tenants of the su...

High Court

Bombay High Court Dismisses Petitioners' Challenge to Mutation Entries in Revenue Records — Revenue Entries Do Not Confer Title, Civil Suit Is Proper Remedy.

30 Nov -0001

The judgment concerns two writ petitions filed under Article 226 of the Constitution of India challenging orders passed by the Sub-Divisional Officer ...

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