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GAURI GODSE
Aakash Babaso Shinge – Appellant
Versus
Additional Commissioner, Pune Division – Respondent
JUDGMENT :
GAURI GODSE, J.
1. Heard. Rule. Rule made returnable forthwith.
2. Learned AGP waives service for respondent no. 2. Mr. Manoj Patil waives service for respondent no. 3, Mr. Chetan Patil waives service for respondent no. 4. Petition is taken up for final disposal by consent of the parties.
3. This petition filed under Article 227 of the Constitution of India takes an exception to the order dated 2nd August 2023 passed by the Additional Divisional Commissioner dismissing petitioner's appeal under section 16(2) of The Maharashtra Village Panchayat Act, 1958 (“the said Act”). The said appeal was filed by the petitioner challenging the order passed by the learned Collector under section 14(1) (j-3) read with section 16 of the said Act, disqualifying the petitioner on the ground of carrying out encroachment on government land.
4. Learned counsel for the petitioner submitted that the allegation made against the petitioner regarding encroachment is with regard to the construction carried out on Gram Panchayat property bearing no. 993. He submits that the allegation is that the encroachment is carried out by his father. The complaint refers to the allegation that the petitioner's fath
Encroachment by a family member can lead to disqualification of an elected member under the Maharashtra Village Panchayat Act, emphasizing a broad interpretation of encroachment to prevent conflicts ....
The duty of the Collector to conduct a proper inquiry and decide on disqualification within a specified time frame, following the principles of natural justice and fair play.
Point of law: According to Section 12-A of the A.P. Land Encroachment Act, 1905 the powers of revision authority are limited and the revision authority may call for the records either suo motu or on ....
The court upheld the authority's decision that the petitioner was an encroacher on Government land, emphasizing that assurances from the Gram Panchayat did not confer legal rights to occupy the land.
All State Governments in the country that they should prepare schemes for eviction of illegal/unauthorised occupants of Gram Sabha/Gram Panchayat/poramboke/shamlat land and these must be restored to ....
Section 14 (1)(g) of the Maharashtra Village Panchayats Act, 1958 aims to disqualify a Sarpanch who misuses their position by misappropriating public money through contracts awarded to relatives.
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