GANESH SHANKAR LANDGE Vs. ADDITIONAL COMMISSIONER

JUDGEMENT

(1.) Rule with the consent of the parties made returnable forthwith and heard.

(2.) The above petition filed under Articles 226 and 227 of the Constitution of India takes exception to the order dated 06/06/2011 passed by the Additional Commissioner, Amravati Division, Amravati, by which order the Appeal filed by the respondent No.4 herein came to be allowed, resulting in the application filed by the respondent No.4 for disqualification of the petitioner under Section 14 (1) (j 3) of the Bombay Village Panchayats Act, 1958 being allowed.

(3.) The petitioner was elected as a member of the Gram Panchayat Mhaismal, so also the respondent No.4, it appears that after the said elections, the respondent No.4 contested for the post of Sarpanch in which elections the respondent No.4 was defeated. It is the case of the petitioner that on account of his defeat, the respondent No.4 bore a grudge against the petitioner and was looking for an opportunity against the petitioner so as to unseat him. The respondent No.4 filed an application before the Collector invoking Section 14 (j 3) of the Bombay Village Panchayats Act, 1958 on the ground that the petitioner has encroached upon Government land. The petitioner appeared in the said proceedings and objected to the said application. The complaint filed by the respondent No.4 came to be dismissed by the Additional Collector by his order dated 13/12/2010. The Additional Collector inter alia held that it could not be conclusively proved that the petitioner has encroached upon the Government land.