ATUL Vs. ADDITIONAL COMMISSIONER

JUDGEMENT

(1.) Heard Shri Saboo, learned Counsel for the petitioner, Shri Sanjeev Deshpande, learned Additional Government Pleader for respondent nos.1, 2 and 5, Shri Rathi, learned Counsel for respondent no.3 and Shri Pannase, learned Counsel for respondent no.4.

(2.) On a complaint made by the petitioner, to the effect that the respondent no.4, had committed an encroachment on Government road, a notice was issued by the Gram Panchayat to the respondent no.4 for removal of the same. As no action was taken, the petitioner filed proceedings under Section 53 (2-A) of the Maharashtra Gram Panchayat Act, in which by an order dated 31/12/2015, the Additional Collector, Amravati, directed removal of the encroachment by the Tahsildar with the assistance of the Gram Panchayat, Koundanyapur.

(3.) The order of the Deputy Collector, was challenged by the respondent no.4 before the Commissioner in appeal. The Additional Commissioner by his order dated 26/5/2016 held that the factum of encroachment was not completely proved and therefore, quashed and set aside the order of the Additional Collector, Amravati, dated 31/12/2015.