1. Rule. Learned Counsel for the respondents waive service. By consent, Rule is made returnable forthwith. Heard both sides.

2. By this Writ Petition under Articles 226 and 227 of the Constitution of India, the petitioner is challenging the order passed by the Additional Commissioner, Konkan Division, in Gram Panchayat Appeal No.441 of 2011 dated 31st h December 2011. That appeal challenges the order dated 25th July, 2011 of the Collector, Thane in Gram Panchayat Appeal No.14/10/11.

3. The petitioner is a member of the Gram Panchayat Shelar Taluka Bhivandi, District Thane. The elections of the said Gram Panchayat were held on 24th October, 2010. The petitioner was elected from Ward No. 6-f which was reserved for Scheduled Caste. It is the case of the petitioner that he attended first General Body Meeting of the Gram Panchayat held on 14th November, 2010. His first term of office commenced with effect from this date in terms of Section 28(1) of the Bombay Village Panchayats Act, 1958 (for short “the Act”).

4. An application dated 15th October, 2011 was filed before the Collector Thane, complaining that the petitioner had encroached upon the Government land bearing CTS No.