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Bombay High CourtWP/1612/2025dismissed

Sau. Urmila W/O Dhivaru Madhavi v. The Collector, Gadchiroli And Another

2025-03-25Hon'Ble Shri Justice Anil L. Pansare2 pages

2025:BHC-NAG:2978 908-WP-1612-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 1612 OF 2025 (Sau. Urmila w/o Dhivaru Madhavi Vs. The Collector, Gadchiroli & Anr.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. A.S. Bhendarkar, Counsel for the petitioner. Mr. H.R. Dhumale, A.G.P. for respondent no.1. .....

CORAM : ANIL L. PANSARE, J.

MARCH 25, 2025 The petitioner stood disqualified as Member of Gram Panchayat - Mohurli, Tahsil - Chamorshi, District - Gadchiroli, on account of making encroachment over the Government land.

2] The learned Counsel for the petitioner submits that the petitioner herself has removed the encroachment and, therefore, the disqualification should be recalled.

3] In my view, the action taken by the petitioner of suo motu removing the encroachment is appreciable, however, by the said act, the petitioner has, in a way, certified that she had, at the relevant time, encroached upon the Government land. The orders impugned, therefore, cannot be said to be contrary to what was complained of by respondent no.2. The petitioner would carry a blame of making encroachment on the Government land and, therefore, is liable to be disqualified in terms of Section 14(1)(j-3) of the Maharashtra Village Panchayats Act, 1959. The orders

908-WP-1612-2025 impugned appear to be in consonance with the provisions of law.

4] There is no merit in the petition. The petition is dismissed in limine. No costs.

(ANIL L. PANSARE, J.) Sumit