Scope of Summary Jurisdiction and Proof of Existing Roads Under the Mamlatdars' Courts Act

sketch of the Bombay High Court
Case
SHRI. BALASAHEB KARBHARI UPHADE AND ORS. v. TAHASILDAR, DINDORI AND ORS. (Bombay High Court, 29-09-2026)
Law
Constitution of India, Maharashtra Land Revenue Code, Mamlatdars Courts Act.

Highlights of the Judgment:

  • Detailed analysis of summary jurisdiction under Section 5 of the Mamlatdars' Courts Act, 1906.
  • Distinction between removing obstructions on existing roads versus creating new rights of way under Section 143 of the Maharashtra Land Revenue Code.
  • Evidentiary standards required to prove the physical existence and precise identity of a disputed customary way.
  • Mandatory procedural requirements for spot inspections, panchnamas, and the collective evaluation of land records and oral evidence.
  • Legal separation between land ownership or possession and the independent establishment of easementary rights.