PRABHAKAR SABAJI KANDALKAR Vs. TAHSILDAR SANGAMNER

JUDGEMENT

(1.) HEARD Shri S. R. Barlinge, learned Advocate for the petitioner, Shri C. K. Shinde, learned A. G. P. for respondent State and Shri N. C. Garud, learned Advocate the respondent.

(2.) IN this writ petition, very interesting question is raised as to whether the Collector acting under sub-section (3-B) of section 35 of the Bombay Village Panchayat Act, 1958 (for brevity, hereinafter referred to as the Act of 1958) has power to condone the delay by pressing into service the provisions of section 5 of the Limitation Act, 1963.

(3.) THE petitioner was the Sarpanch of village panchayat, Talegaon Dighe, Taluqa Sangamner, District Ahmednagar. The respondents Nos. 3 to 13 are the members of the village panchayat, Talegaon Dighe.