Road being used since decades cannot be denied access to even if there is alternate route available: Gujarat HC

Gujarat High Court: A Single Judge Bench comprising of A.J. Desai, J. denied a writ petition under Articles 14, 16, 226 and 227 of the Constitution of India on being devoid of merits.

The respondent herein has filed a suit under Section 5 of the Mamlatdar Courts Act requesting the Court for a permanent injunction whereby the petitioners shall be restrained from restraining the respondent from using the road which was passing adjacent to the lands of the petitioners and the respondent so as to enable the respondent to enter the agricultural land of the respondent. The contention of the petitioners was that the Court did not take into account the fact that there was an alternate way to enter the land which was corroborated by producing a map before the Court.

Looking into the circumstances of the case, the Court was of the view that the respondent has been using the road since decades to reach their agricultural land and thus it was irrelevant whether there was any alternate route available for the same.

Accordingly being devoid of merits the petition was disposed of.[Vasantbhai Nathabhai Santoki v. Deputy Collector,2018 SCC OnLine Guj 2338, decided on 05-12-2018]

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