J.B.Pardiwala,J. - (1.)This appeal under Clause 15 of the Letters Patent is at the instance of an unsuccessful writ applicant of a writ application and is directed against the order passed by a learned Single Judge of this Court dated 28th June, 2018 in the Special Civil Application No.9762 of 2018, by which, the learned Single Judge rejected the writ application filed by the appellant herein affirming the orders passed by the Mamlatdar and the Deputy Collector under the provisions of the Mamlatdar Courts Act, 1906.
(2.)We have heard Mr. M.B. Parikh, the learned counsel appearing for the appellant (original writ applicant), Mr. Parth Bhatt, the learned counsel appearing for the respondent (original respondent No.5) and Mr. Chintan Dave, the learned AGP appearing for the Staterespondents.
(3.)It appears from the materials on record that the respondent No.5 herein initiated proceedings in the Court of the Mamlatdar, Rajkot under Section 5 of the Mamlatdar Courts Act, 1906 (for short "the Act, 1906"). The dispute between the appellant herein and the respondent No.5 is one of removal of obstruction and the right of way. It is the case of the respondent No.5 that he has his own agricultural farm adjacent to the farm of the appellant and there is a passage or a road passing through the land of the appellant, with the aid of which, the respondent No.5 can enter into his farm. On the other hand, it is the case of the appellant that there is no such road passing through his farm, on the strength of which, the respondent No.5 wants to enter into his farm. According to the appellant as there is no road or any passage, there is no question of creating any obstruction.