Bombay High Court
Smt. Priti W/O Mangesh Kothade vs Ratnakar S/O Narayan Kumbhare And ... on 26 July, 2016
Bench: Z.A. Haq
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.5700 OF 2014
Smt. Priti w/o Mangesh Kothade,
Aged about 30 years, Occ.- Labour,
R/o Dhapewada (Bk.), Ward No.4,
Tahsil - Kalmeshwar, District - Nagpur.
ig .... PETITIONER
VERSUS
1) Ratnakar s/o Narayan Kumbhare,
Aged - Adult,
R/o Ward No.1, Dhapewada,
Tahsil - Kalmeshwar, District - Nagpur.
2) Secretary, Village Panchayat,
Dhapewada, Tahsil - Kalmeshwar,
District - Nagpur.
3) State of Maharashtra,
through Additional Collector, Nagpur.
4) Additional Commissioner,
Nagpur Division, Nagpur. .... RESPONDENTS
______________________________________________________________
Shri M. Husain, Advocate for the petitioner,
Shri S.R. Bhongade, Advocate for the respondent No.1,
Shri M.D. Zoting, Advocate for the respondent No.2,
Shri H.R. Dhumale, Assistant Government Pleader for the respondent
Nos.3 and 4.
______________________________________________________________
::: Uploaded on - 30/07/2016 ::: Downloaded on - 31/07/2016 00:11:54 :::
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CORAM : Z.A. HAQ, J.
DATED : 26
JULY, 2016.
th
ORAL JUDGMENT :
Heard Shri M. Husain, Advocate for the petitioner, Shri
S.R. Bhongade, Advocate for the respondent No.1, Shri M.D. Zoting,
Advocate for the respondent No.2 and Shri H.R. Dhumale, Assistant
Government Pleader for the respondent Nos.3 and 4.
2. Rule. Rule made returnable forthwith.
3. The petitioner got elected as member of Gram-Panchayat
in October 2013. The respondent No.1 filed complaint against the
petitioner that she has encroached on Government land and therefore,
she is disqualified to be a member of the Gram-Panchayat, as per
Section 14(1)(j-3) of the Maharashtra Village Panchayats Act.
The Additional Collector, after conducting enquiry, by the
order dated 26-12-2013, found that the petitioner has encroached on
Government land and declared that she is disqualified to be member of
the Gram-Panchayat.
The petitioner being aggrieved by the above order, filed
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appeal under Section 16(2) of the Maharashtra Village Panchayats Act
which is dismissed by the Additional Commissioner by the impugned
order.
4. The impugned order passed by the Additional
Commissioner shows that the remedy of appeal provided under Section
16(2) of the Maharashtra Village Panchayats Act is frustrated by the
Additional Commissioner. As an appellate authority- the Additional
Commissioner was under an obligation to consider the facts of the
case, the submissions made by the receptive parties and to record
reasons for accepting or rejecting the submissions made by the parties.
The failure on the part of the Additional Commissioner to exercise the
appellate powers, vitiates the impugned order.
5. Hence, the following order :
(i) The impugned order is set aside.
(ii) The matter is remitted to the Additional Commissioner
Nagpur Division, Nagpur for deciding the appeal filed by
the petitioner afresh.
(iii) The petitioner and the respondent Nos.1 and 2 shall
appear before the Additional Commissioner, Nagpur
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Division, Nagpur on 29-08-2016 and abide by further
orders in the matter.
(iv) Though interim order was not operating in favour of the
petitioner, considering the fact that action consequent to
the order passed by the Collector has not been taken, it is
directed that till the appeal is decided by the Additional
Commissioner, the order passed by the Collector
disqualifying the petitioner shall stand stayed and the
petitioner will continue as the member of the Gram-
Panchayat.
(v) Rule is made absolute in the above terms. In the
circumstances, the parties to bear their own costs.
JUDGE
adgokar
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CERTIFICATE
I certify that this Judgment uploaded is a true and correct
copy of original signed Judgment.
Uploaded by : P.M. Adgokar. Uploaded on : 30-7-2016.
P.A. to Hon'ble Judge.
