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2012 Supreme(Bom) 258

G.S.GODBOLE
Shri Uttam H. Jadhav – Appellant
Versus
Shri Vishwanath N. Jadhav – Respondent


Advocates appeared:
For the Petitioner:M.S. Karnik with Ms. Leena Patil, Sachin Gite & Sanskar Marahte, Advocates.
For the Respondents:R1 to R4, Parmod Joshi, Advocate, R6, Ms. Aparna Vhatkar, AGP.

Judgment :-

P.C:

1. Heard the learned Advocates for the parties.

2 RULE. Rule made returnable forthwith and heard by consent of the parties. Mr. Joshi waives service on behalf of Respondent Nos.1 to 4. The learned AGP waives service on behalf of Respondent No.6. Service of rule on Respondent No.5 is dispensed with as it is not the contesting Respondent.

FACTS IN BRIEF

3. By the present Petition, the Petitioner, who is elected member of Gram Panchayat, Shinde Taluka Nasik, District Nasik, has challenged the Judgment and Order dated 28th November, 2011 passed by the Collector, Nasik under Section 16 r/w Section 14(h) of the Bombay Village Panchayats Act, 1958 in Gram Panchayat Dispute no.62 of 2011. By the said order, it was held that the Petitioner has failed to pay the tax or fees due to the Panchayat within three months from the date on which the amount of said taxes or fees became due and a bill for the purpose is duly served on him. Aggrieved by this order, the Petitioner has filed Appeal No.194 of 2011 before the Additional Divisional Commissioner, Nasik Division, Nasik, which has been dismissed by the impugned Judgment and Order dated 21st January, 2012, giving rise to the p










































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