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2009 Supreme(Bom) 1178

S.S.SHINDE
Ajitsingh Bhimsingh Deore – Appellant
Versus
Sahebrao Bhata Wagh – Respondent


Advocates appeared:
Mr. G.V.Wani, Advocate for Petitioner.
Mr.M.S.Deshmukh, Advocate for Respondent no. 1.
Mr.K.M.Nagarkar holding for Mr. B.S.Mundhe, Advocate for Respondent no. 2 and 3.

JUDGMENT :

1. Rule. Rule returnable forthwith. Heard finally with the consent of the parties.

2. This Writ Petition takes exception to the Judgment and Order passed by the Additional Commissioner, Nashik Division, Nashik in Gram Panchayat Appeal No. 43 of 2008 dated 6/9/2008 confirming the Judgment and Order passed by the Additional Collector, Jalgaon in Dispute No. 14 of 2008 dated 13/5/2008.

3. The background facts of the case are as under :

The petitioner herein is an elected Member of Gram Panchayat, Wadgaon Mulane, Tq. Pachora, Dist. Jalgaon and working as Dy. Sarpanch. A Tax bill as contemplated under section 129 of the Bombay Village Panchayat Act came to be issued to the petitioner for house bearing No. 332 situated at Wadgaon Mulane, Tq. Pachora, Dist. Jalgaon. According to the petitioner, the said bill has been prepared on 25/4/2007 and same is for the year 20072008. It is the case of the petitioner that the said house stands in the name of Rajendra Bhimsingh, who is brother of present petitioner. It is the case of the petitioner that, in fact he is not the owner of the said house nor there is any joint family. According to the petitioner, he resides at different place and h












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