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2017 Supreme(Bom) 792

S.C.DHARMADHIKARI, MANGESH S.PATIL
Sangitabai w/o Vasudeo Rajput – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner: Mr. Pradip R. Patil
For the Respondent-State: Mr. S.G. Karlekar, Mr. S.S. Dere

JUDGMENT :

Mangesh S. Patil, J.

1. Rule. The rule is made returnable forthwith with the consent of the parties. Heard the learned Advocates for both the sides.

2. In this Writ Petition under Article 226 and 227 of the Constitution of India, the petitioner is seeking a writ of certiorari or an order in the nature thereof in respect of the judgment and order dated 02.01.2015 passed by the Additional Divisional Commissioner, Nashik (Exhibit 'A') and judgment and order dated 20.03.2014 passed by the Additional Collector, Dhule in Village Panchayat Dispute No. 2 of 2014 (Exhibit 'B'). The petitioner is also seeking writ of Mandamus or a direction or order in the nature thereof, seeking declaration that of Section 16(2) of the Maharashtra Village Panchayat Act, 1958 (hereinafter referred to as the Act) is unconstitutional to the extent it restricts the period of limitation which begins to run from the date of passing of the order and not from the date of its knowledge.

3. The relevant facts as are necessary to decide the Writ Petition may be summarised as under:

The petitioner was married on 16.03.1996. She gave birth to her first child on 19.11.1998 and the second child on 20.11.2000. She ga









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