Rupesh Yuvraj Patil And Others vs The State Of Maharashtra And ...
2022 Latest Caselaw 8287 Bom

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         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                     BENCH AT AURANGABAD

                       WRIT PETITION NO. 8672 OF 2022

Rupesh Yuvraj Patil & others                                 Petitioners

       Versus

The State of Maharashtra & others                            Respondents

Mr. A. G. Talhar, Advocate holding for Mr. A. N. Barhate Patil,
Advocate for the petitioners.
Mr. S. N. Morampalle, AGP for respondent/State.

                                  CORAM : M.G. Sewlikar, J.

                                  DATE    : 23rd AUGUST, 2022.


PER COURT :


1.              Haerd.

2. Learned counsel for the petitioners submits that the

petitioners have been disqualifed under Section 14(1)(j-3) of the

Maharashtra Village Panchayats Act on the ground that the

petitioners have encroached upon the Government land. Learned

counsel for the petitioners invited attention of this Court to the report

of the Talathi indicating therein that the petitioners and others have

committed encroachment over the Government land. This report does

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not indicate that before making an enquiry, notice was given to the

petitioners. It is admitted position that report of encroachment has

been furnished without making the measurement.

3. Learned AGP submits that instead of granting interim

relief, it would be apposite to direct the learned Divisional

Commissioner to decide the appeal within a specifed period.

4. In view of this, the petition is allowed. The learned

Divisional Commissioner is directed to decide the appeal within a

period of one month from the date of receipt of the writ by this

Court. Till decision of the appeal, operation of the judgment passed

by the learned Collector shall stand stayed. Petition stands disposed

of.

( M. G. SEWLIKAR ) Judge

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