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2024 Supreme(Bom) 144

S. G. MEHARE
Harku S/o. Kisan Magar – Appellant
Versus
The Divisional Commissioner, Nashik Division Nashik – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Amol K. Gawali, Advocate
For the Respondent:Mrs. M.L. Sangit, Mr. Tushar M. Tandale, Mr. Yuvraj Kakade h/f Mr. N.V. Gaware, Advocate

JUDGMENT :-

1. Heard the respective counsels at length.

2. The petitioner has impugned the order of the Collector, Ahmednagar, passed in Grampanchayat Dispute Application No.129 of 2021 dated 24.05.2022 and the order of the Divisional Commissioner, Nashik Division, Nashik, passed in Grampanchayat Dispute Appeal No.82 of 2022 dated 15.11.2022.

3. The facts of the case in brief are that the petitioner has filed an application to the District Collector, Ahmednagar, under Section 14(g) of the Maharashtra Village Panchayats Act (for short ‘Panchayats Act’). It has been averred in the application that respondent no.2 has been elected as a member of the Village Panchayat for a year period of 2021-2025. The petitioner is a resident of Village Waghunde (Khurd) and a voter of the Village Panchayat. Respondent No.2 has been a member of the panchayat continuously since 2015. He was also the Sarpanch of the Village Panchayat. The Collector had vested the land Gut No.281 to the Village Panchayat on certain terms and conditions. The said land was to be used only for cemetery, plantation and beautification. The said land could not be transferred without the permission of the Collector. Violation of a

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