Sunil Kirtirao Todase v. Additional Commissioner, Amravati And Others

1 10.WP.1834-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 1834 OF 2024 ( Sunil Kirtirao Todase Vs.

Additional Commissioner, Amravati & Ors. ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S.N. Chikhale, Advocate for the Petitioner. Ms. Mrunal Naik, AGP for the Respondent Nos. 1 & 2/State. CORAM: BHARAT P. DESHPANDE, J.

DATED : 15th MARCH, 2024 Heard Mr. Chikhale, learned counsel for the petitioner.

2.

By way of present petition, the orders passed by the Additional Collector and Additional Commissioner are challenged. By the impugned orders the petitioner is disqualified under Section 14(1)(j-3) of the Maharashtra Village Panchayat Act, on the ground that the petitioner being the member of Gram Panchayat Arjuni (Raipur) Tahsil Maregaon, District Yavatmal.

3.

Mr. Chikhale, learned counsel for the petitioner, would submit that no proper inquiry was conducted to come to the conclusion that there is encroachment by the petitioner on the Government/public land. He submits, that the alleged

2 10.WP.1834-2024.odt encroachment is in a private property which is owned by the brother of the petitioner and affidavit to that effect was also filed.

4.

Issue notice to the respondents, returnable on 03.04.2024.

5.

Ms. Naik, learned AGP waives notice for the respondent Nos. 1 & 2/State.

6.

Apart from regular mode of service, services by other modes which are permissible in law is permitted to serve the remaining respondents.

(BHARAT P. DESHPANDE, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 15/03/2024 15:04:43