R.K. Deshpande, J.

1. Rule, made returnable forthwith. Heard finally by consent of the learned counsel appearing for the parties. In the proceedings of disqualification under section 14(1)(j-3)of the Maharashtra Village Panchayats Act, 1959, the Additional Collector, Akola, rejected the claim for disqualification of the petitioner. In appeal preferred under section 16(2) of the said Act, the Additional Commissioner, Amravati Division, Amravati, has reversed the decision of the Collector and the petitioner is disqualified from the membership of Gram Panchayat, Manatri Bu. Hence, the petitioner has challenged the order passed by the Additional Commissioner, Amravati Division, Amravati.

2. The findings of fact recorded by both the Courts below are that one Shri Dilip Ramrao Daberao, the husband of the petitioner, is the owner of Plot No. 73, admeasuring 33 x 33 sq.ft., situated at Village Manatri Bu, Tahsil Telhara, District Akola. There is an encroachment over the Government land attached to the said property to the extent of 17 x 17 sq.ft. Though the petitioner is not the owner of the said land, still she is residing thereon along with her husband. These findings of fact are