JUDGMENT - RADHAKRISHNAN S., J.:-By this petition, the petitioner Gramsudhar Samiti, Mahadulla, Tahsil Kamptee, District Nagpur through its President Shri Ramkrishana Dhengre and its Secretary Shri Madhukar Dhengre are challenging basically the notification dated 18th June, 1986 which was published in the Maharashtra Government Gazette on 31st July, 1986. It appears that by the aforesaid notification, an area approximately 92.34 hectors, which is a part of Mahadulla village, has been now carved out and annexed to Koradi village.

2. The petitioner contends that a substantial portion of their village has been carved out and has been annexed to Koradi village which has caused serious hardship to the villagers of that area. The learned Counsel for the petitioner pointed out the provisions of the Bombay Village Panchayats Act, 1958, specially section 4(2) in that behalf. Section 4(2) of the Bombay Village Panchayats Act, 1958 reads as under :

Section 4 : Declaration of Village :

(1).......

(2) Where the circumstances so require to include or exclude any local area from the local area of a village to or alter the limits of a village or that a local area shall cease to be a village, then the

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