Yashodabai Wd/O Nago Lilhare And Another v. Gram Panchayat, Murdada, Panchayat Samiti Z.P. Gondia, Thr. Sarpanch And Gramsevak And ANR

27 wp 5772.24.odt..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 5772 OF 2024 Yashodabai wd/o Nago Lilhare and another .Vs.

Gram Panchayat, Murdada, Panchayat Samiti Zilla Parishad Gondia thr. its Sarpanch and Gramsevak and another _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr M.R. Joharapurkar, Advocate for the petitioners. Mr. S.K. Tambde, Advocate for respondent No.1. Mr. H.D. Dubey, AGP for the respondent No.2/ State. CORAM : SMT. M.S. JAWALKAR, J.

DATE : 05.05.2025 Heard learned counsel for the petitioner, learned AGP and learned counsel for the respondents. 2.

The Gram Panchayat seized certain articles referred in seized article panchnama dated 14.06.2024 (page 127).

3.

Learned counsel for the respondents submitted that in view of Section 53 of the Maharashtra Village Panchayats Act, 1959 (for short, 'the Act of 1959), the petitioners have to first pay the charges and then release the seized articles.

4.

However, on going through Section 53 of the Act of 1959, it appears that charges is in respect of the

27 wp 5772.24.odt..odt removal of obstructions. Petitioners are required to pay the charges of removal of articles in view of Section 53 of the Act of 1959. There is no provision in the said section for seizure of articles. As such, in my considered opinion, prima-facie action on the part of Gram Panchayat is not in consonance with law.

5.

As such, Gram Panchayat, Murdada is hereby directed to release the articles mentioned in the panchanama dated 14.06.2024 to the petitioners and may collect the charges for its removal from the alleged place of the encroachment within a period of one week. 6.

Due to paucity of time it is not possible to take up the matter for final hearing before Summer Vacation. 7.

List the matter on 17.06.2025 for further consideration.

(SMT.M.S. JAWALKAR, J.) manisha Signed by: Mrs. Manisha Shewale Designation: PA To Honourable Judge Date: 05/05/2025 18:32:06