Janabai W/O. Kashiram Gaikwad v. Additional Commissioner, Amravati Division, Amravati And Others

1 wp2742.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 2742 OF 2016 (JANABAI KASHIRAM GAIKWAD....VS.. ADDL. COMMISSIONER, AMRAVATI & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.V.Ghare, Adv. h/f. Shri A.M.Ghare, Adv. for Petitioner. Shri B.H.Lonare, A.G.P. for Respondent Nos.1 & 2 Shri S.S.Ghate, Advocate for Respondent Nos.4 & 5. CORAM : Z.A.HAQ, J.

DATED : MAY 03, 2017.

Heard.

The petitioner has challenged the order passed by the subordinate Authorities disqualifying the petitioner from continuing as a Member of the Gram Panchayat concurrently recording that there is encroachment on government land by father-in-law and husband of the petitioner. The learned Additional Commissioner has independently examined the material on record and has found that Gram Panchayat had issued notice in 2012 to father-in-law of the petitioner to remove the encroachment. However, it was not complied with and then again Gram Panchayat had sent another communication asking for removal of encroachment to which Shri Kashiram Gaikwad-husband of the petitioner gave reply on 29th June, 2012 accepting that there was an encroachment and justified. The petitioner has not been able to point out any perversity in the findings of fact recorded by the subordinate authorities. I see no reason to interfere with the impugned order.

The petition is dismissed. In the circumstances, the parties to bear their own costs.

JUDGE RRaut..