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2016 Supreme(Bom) 1375

R.K.DESHPANDE
Sandip Ganpatrao Bhadade – Appellant
Versus
Additional Commissioner, Amravati Division, Amravati – Respondent


Advocates Appeared:
For the Petitioner: Shri A.S. Kilor.
For the Respondent: Shri B.M. Lonare, Shri N.A. Gawande.

JUDGMENT :

1. Heard the learned counsels appearing for the parties. Rule. Taken up for final disposal.

2. In both these matters, the petitioners were elected as a Member of a Panchayat in the election held on 22-4-2015. By common order dated 8-12-2015, both the petitioners were disqualified under Section 14(1)(j-3) of the Maharashtra Village Panchayats Act, 1958 (for short, “the said Act”), and the said order has been confirmed by the Additional Commissioner, Amravati Division, Amravati in an appeal preferred under Section 16(2) of the said Act.

3. The authorities below have held that petitioner Sandip Ganpatrao Bhadade in Writ Petition No.431 of 2016 is residing on the property admeasuring area 37.50 sq.mtrs. of Plot No.957 owned by Tukaram Karnaji Bhadade, which is an encroachment over the land owned by the Public Works Department. In respect of petitioner Sau. Sangita Vijay Choudhary in Writ Petition No. 514 of 2016, the finding is recorded that she is residing on Plot No. 77, which is the property owned by the Government, as shown in the city survey record, and the name of one Maroti Natthuji Choudhary, the father-in-law is shown as illegal occupant. Thus, the finding of both the































































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