1. Heard. Rule. Rule made returnable forthwith. By consent of the learned Counsel for both sides, matter is taken up for final hearing at admission stage.

2. The challenge is to the order dated 7/7/2023 passed by the Sub Divisional Officer, Darwha, District Yavatmal in Case No. 25/MCA-5/2022-23, upholding the order dated 10/11/2022 passed by the Tahsildar/Mamlatdar, Ner, District Yavatmal in Case No. 2/MCS-5/2021-22, Mouja Chichgaon, Taluka Ner, District Yavatmal.

3. The Petitioner is owner of the agricultural land Gat No. 42/2. The Respondent Nos.5 and 6 are brothers and jointly own agricultural land bearing Survey Nos. 40 and 41.

4. The Respondent Nos.5 and 6 filed a petition before the Tahsildar/Mamlatdar, Ner in terms of Section 5 of the Mamlatdar’s Court Act, 1906 (for short, ‘the Act of 1906’). The Mamlatdar’s Court has recorded evidence. The spot inspection was carried out in the presence of the Petitioner’s son and the Respondent Nos.5 and 6. The Mamlatdar, by relying upon the aforesaid documents and after giving an opportunity of hearing to both sides, directed the Petitioner to remove the impediment on the way to approach the fields belonging to Respondent Nos.5 and 6.

5. The learned Counsel for Petitioner has invited my attention to the Agreement dated 11/6/2020 executed between the Petitioner and Respondent No.5, the younger brother of Respondent No.6. The parties have arrived at an Agreement, which indicates that the disputed road was a temporary arrangement made by and between the parties and the said road will be not available to use to the Respondents after 11/4/2012.

6. The Petitioner has relied upon this Agreement. Both the authorities below have noted the existence of Agreement, however, have not rendered a finding as to whether the Agreement will be binding or not upon the parties. One cannot ignore the importance and the result/consequences of the Agreement between the parties.

7. In the circumstances, the authorities below were duty bound to render a categorical finding, with reasons, as to whether this Agreement will be binding on the parties herein. Both the authorities below have committed an error by not giving finding on the aforesaid point.

8. In that view of the matter, the orders passed by the authorities below are liable to be quashed and set aside. Hence, the following order.

ORDER

1. Writ Petition is allowed.

2. The order dated 7/7/2023 passed by the Sub Divisional Officer, Darwha, District Yavatmal in Case No. 25/MCA-5/2022-23 and the order dated 10/11/2022 passed by the Tahsildar/Mamlatdar, Ner, District Yavatmal in Case No. 2/MCS-5/2021-22, Mouja Chichgaon, Taluka Ner, District Yavatmal are hereby quashed and set aside.

3. The proceedings bearing Case No. 2/MCS-5/2021-22, Mouja Chichgaon, Taluka Ner, District Yavatmal is remanded back and restored on the file of Respondent No.1 – Tahsildar/Mamlatdar, Ner to decide afresh in accordance with the provisions of law and in terms of what has been said in the body of the order.

4. The parties shall appear before the Tahsildar/Mamlatdar, Ner, District Yavatmal on 14th August, 2024.

5. The Respondent No.1 shall decide the application as expeditiously as possible.

6. Rule is made absolute in above terms. No order as to costs.