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Bombay High CourtWP/2602/2015dismissedrule discharged

Mrs. Kiran W/O Sanjay Gadekar v. Ananta Ramchandra Kute And 2 Others

2015-07-20Hon'Ble Shri Justice Z.A. Haq2 pages

1 wp2602.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.2602/2015 Mrs. Kiran W/o Sanjay Gadekar, aged 38 Yrs., Occu. Household, Member of the Village Panchayat, Telhara, R/o Telhara, Post Borgaon Kakade, Tah. & Distt. Buldana.

..Petitioner.

..Versus..

1.

Ananta Ramchandra Kute, aged 44 Yrs., Occu. Agriculturist, R/o Telhara, Post Borgaon Kakade, Tah. & Distt. Buldana.

2.

The Additional Commissioner, Amravati Division, Amravati.

3.

The Additional Collector, Buldana, Distt. Buldana.

..Respondents.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Shri Tushar Darda, Advocate for the petitioner. Shri A.S. Dhore, Advocate for respondent no.1. Shri K.L. Dharmadhikari, A.G.P. for respondents 2 and 3. - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 20.7.2015 ORAL ORDER 1.

Heard Shri Tushar Darda, the learned advocate for the petitioner, Shri A.S. Dhore, the learned advocate for the respondent no.1 and Shri K.L.

2 wp2602.15 Dharmadhikari, the learned A.G.P. for the respondents 1 and 2. 2.

The petitioner has challenged the order passed by the learned Additional Commissioner, Amravati, allowing the appeal filed by the respondent no.1, disqualifying the petitioner on the ground that she has encroached on the government land. The learned Additional Commissioner has directed that the disqualification of the petitioner shall continue till the expiry of the term of the Grampanchayat. The process of elections for the subsequent term is going on and according to the learned advocate for the petitioner, the nomination papers are to be submitted today.

In view of the fact that term of the petitioner has almost come to an end, this is not a fit case for invoking the extraordinary writ jurisdiction. The petition is dismissed. In the circumstances, the parties to bear their own costs. JUDGE Tambaskar.