GAJANAN HARIBA SUSAR 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 16/12/2010 passed by the Additional Collector, Buldhana, by which order the Appeal filed by the petitioner against his disqualification under Section 14(1)(j 3) of the Bombay Village Panchayat, 1958 came to be rejected. The petitioner further challenges the order dated 10/3/2011 passed by the Additional Commissioner, by which the revision filed by the petitioner came to be rejected.

(3.) The issue before the Authorities whilst considering the application made under Section 14(1)(j 3) of the said Act was; as to whether the petitioner can be termed as an encroacher so as to entail the disqualification under the provisions of the said Act. The land in question in respect of which the allegation was made by the respondent no.3 herein against the petitioner is Gat No.204 of village Jamb. It is the case of the petitioner that the great grand father of the petitioner namely; one Taraji Bayaji Susar had made an application to the Government and requested for allotment of 4 gunthas land from the gaothan land of the said village which now bears Gat No.204 for the residential user. On the application of the petitioner being granted, the concerned authority was pleased to pass an order and thereby it is the case of the petitioner that the Plot Nos. 72, 73 and 74 came to be granted to the great grand father of the petitioner for residential purposes. It is further the case of the petitioner that on 20/12/1923, on land being granted to the great grand father of the petitioner, he executed an agreement before the then Tahsildar, Chikhli and agreed that he will not alienate the said property and would not mis utilize the same. It is further case of the petitioner that it is since then that the petitioner's family is in possession of the said plot as granted by the government.