Smt. Lilabai Bhaurao Gondhule vs Additional Commissioner Nagpur ...
2016 Latest Caselaw 5932 Bom

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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             NAGPUR BENCH, NAGPUR




                                                                                     
                                                             
                              WRIT PETITION NO. 5333 OF 2016


                Smt. Lilabai Bhaurao Gondhule,




                                                            
                aged 52 years, Occ. Sarpanch,
                R/o. Gram Panchayat Chandori (Khurd),
                Tah. Tiroda, Distt. Gondia ......                                PETITIONER




                                              
                              ig     ...VERSUS...


     1.         Additional Commissioner, Nagpur,
                            
                Nagpur Division, Nagpur.

     2.         The Additional Collector, Gondia.
      

     3.         Shri Mulchand Yadavrao Bhoyer,
                R/o. Gram Panchayat Chandori (Khurd),
   



                Tah. Tiroda, Distt. Gondia.

     4.         The Tahsildar, Tiroda,
                Tah. Tiroda, Distt. Gondia.





     5.         The Gram Panchayat Chandori (Khurd),
                Tah. Tiroda, Distt. Gondia, through
                its Secretary......                                     RESPONDENTS





     -------------------------------------------------------------------------------------------
     Shri V.G.Dhage, Advocate, for Petitioner.
     Shri B.M.Lonare, AGP for Respondent nos. 1 , 2  and 4
     Shri I.N.Choudhari, Advocate, for Respondent No.3
     -------------------------------------------------------------------------------------------
                              CORAM: R. K. DESHPANDE, J.

th DATE : 10 OCTOBER, 2016 .

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     ORAL JUDGMENT




                                                                                  
              1]               The allegation against the petitioner who is the




                                                          

Sarpanch is that she has encroached upon the portion of the

plot allotted to her husband's brother. The letter of allotment

in the name of husband's brother is placed on record at

Annexure P-1 and this is the finding recorded at page 31.

Prima facie, such encroachment on the private

property which is neither public property nor Government

property is not covered by Section 14(1)(j-3) of the

Maharashtra Village Panchayat Act.

Rule made returnable forthwith.

2] The matter is pending before the Commissioner

in appeal. Hence, there shall be stay to the order of

disqualification pending the decision by the Commissioner in

appeal.

3] The writ petition is disposed of with a direction to

the Commissioner to decide the matter within a period of

three months from the date of first appearance of the parties

before it.

The parties to appear before the Commissioner

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on 24th October, 2016.

Rule is made absolute in above terms. No

orders as to costs.

                                                         
                                                                   JUDGE


     Rvjalit




                                             
                             
                            
      
   







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                                   C E R T I F I C A T E




                                                                             

"I certify that this Judgment/Order uploaded is a true and correct copy

of original signed Judgment/Order.

Uploaded by : R.V.Jalit, P.A. Uploaded on : 10 October, 2016