YOGINI DILIP KHANDAGE Vs. ADDITIONAL DIVISIONAL COMMISSIONER

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the parties, heard finally at the stage of admission.

(2.) This petition under Article 226 of the Constitution of India takes exception to a judgment and order dated 29 th November, 2021 passed by the Additional Divisional Commissioner, Pune, Division Pune in Appeal No. 7 of 2021 whereby the appeal preferred by the petitioner under Sec. 16(2) the Maharashtra Village Panchayats Act, 1959 (the Act, 1959) came to be dismissed by affirming an order dtd. 23/3/2021 passed by the District Collector in Village Panchayat Dispute Application No. 48 of 2019 whereby the petitioner was declared to have incurred disqualification to continue as the Sarpanch/ Member of the village panchayat, Mouje Devgaon, Tal. Ambegaon, District Pune under Sec. 14(1)(j-3) of the Act, 1959.

(3.) Briefly stated the background facts are as under:- In the general election held in the year 2019, the petitioner was elected as the Sarpanch/Member of village panchayat, Devgaon. Respondent Nos. 2 and 3 lodged a Dispute Application No. 48 of 2019 before the District Collector, Pune alleging that the petitioner had incurred disqualification for continuation as a member of village panchayat on account of encroachment having been committed on the government property. It was, inter alia, alleged that the petitioner was residing in a joint family which had a house constructed by committing encroachment over gairan land bearing Gut No. 1/1, which was numbered as villae panchayat property No. 218 and 218/1. The encroachment was recorded in the Register duly maintained by the village panchayat. It was recorded that Radhabai Khandge, mother in law of the petitioner, was the person who had constructed the house and cattle shed by committing encroachment over the gairan land.