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2019 Supreme(Bom) 535

S.S.SHINDE
SHRIKANT SHRIMANT KADAM – Appellant
Versus
VISHWAS SUBHASH KADAM – Respondent


Advocates Appeared:
Vaibhav Gaikwad, Adv., S.D. Rayrikar, Adv., Dilip Bodake, Adv.

JUDGMENT :

S.S. Shinde, J.

Rule. With the learned counsel for the parties, Rule is made returnable forthwith and heard.

2. This petition is filed with following substantive prayer:-

"(b) to quash and set aside the impugned order dated 04.09.2017 passed by the 3rd respondent in the Appeal No. 18 of 2017 as well as impugned order dated 05/06/2017 passed by Respondent No. 4 in dispute application no. 140 of 2016 entirely with costs;"

3. It is the case of the petitioner that, father of the petitioner namely Shrimant Kadam constructed the house in the year 2003 after obtaining the necessary permissions from Grampanchayat Khodshi. The election of the said grampanchayat was conducted on 04/08/2015 for a period of 2015 to 2020 and the petitioner got elected as a member of the said grampanchayat from ward No. 3 from open category. It is the case of the Petitioner that, the said Grampanchayat carried out measurement of Survey No. 385 on 29/01/2016. Thereafter, the respondent nos. 1 and 2 and others submitted/complaint to the respondent no. 4 and 5 against the petitioner. In the meanwhile, the said Grampanchayat issued notice dated 01/09/2016 to the father of the petitioner under section 54 of the
















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