JUDGMENT :

D. D. SINHA, J.

Heard Mr. M. A. Vaishnav and Mr. S. D. Chopde, learned counsel for petitioners in Writ Petition Nos. 2616 of 2008 and 2727 of 2008 respectively as well as Mr. N. W.Sambre, learned Government Pleader for.

2. In view of the conflicting opinion expressed by two learned Single Judges of this Court in respect of exercise of appellate powers by the Additional Commissioner u/s. 16 (2) of the Bombay Village Panchayats Act, 1958 (hereinafter referred to as “the BVP Act”), the Hon’ble Chief Justice referred said issue to this Division Bench.

3. The learned Single Judge of Aurangabad Bench of Bombay High Court in the case of Atmaram Chapa Sandanshiv and another vs. Shamshadbi Bashir Shah Fakir and Others reported in 2008(3) Mh.L. J . 906 has taken a view that, the State Government, in view of provisions of Section 182 (1) of the BVP Act is legally entitled to delegate powers vested in it u/s. 16 (2) of the BVP Act to the Commissioner only and it is impermissible for the Additional Commissioner to exercise those powers. Another learned Single Judge of the Nagpur Be