GADDU ZARAUNKAR Vs. VILLAGE PANCHAYAT OF VELIM

JUDGEMENT

(1.) HEARD Shri Sudesh Usgaonkar, learned Counsel appearing for the Petitioner and Shri Coutinho, learned Counsel appearing for the Respondent no.2.

(2.) RULE . Heard forthwith with the consent of the learned Counsel. Learned Counsel appearing for the Respondent no.2, waives service.

(3.) SHRI Usgaonkar, learned Counsel appearing for the Petitioners has raised a serious grievance to the effect that the dispute before the Revisional Court was whether the disputed structures has been recently constructed or whether such constructions was existing at a much prior date and whether they were duly sanctioned by the Village Panchayat. It is the contention of Shri Usgaonkar, learned Counsel, that during the course of the proceedings, the Petitioners had relied upon crucial documents including the house tax receipts of the year 1993, electricity connection bills from the year 1987, the ration card and other documentary evidence to establish that the disputed house was in existence much prior to the date when allegations were made against the Petitioners that they have put up a new structure. Learned Counsel further pointed out that with regard to the cow shed which is subject matter of Writ Petition no. 529/2012, the Petitioners had produced a permission from the local Panchayat for the purpose of re- construction/repairs of the cow shed on 23.04.1999. Learned Counsel further pointed out that though it is well settled that the Court whilst hearing a revision, proceeds only to find out whether there is a jurisdictional error in the orders impugned, nevertheless, non-consideration of document produced by the Petitioners and the effects thereof itself vitiates the impugned Orders dated 07.07.2012. Learned Counsel has further taken me through the impugned Orders and pointed out that the learned Judge has not at all considered the said documents which, according to him, were material to decide the matter in controversy.