PRAKASH MAHADEORAO KHANDARE Vs. ADDITIONAL COMMISSIONER

JUDGEMENT

(1.) Heard Mr. Gawande, learned counsel for the petitioner.

(2.) The petition challenges the order dtd. 25/7/2022 passed by the Additional Collector Amravati under the provisions of Sec. 14(1)(j-3) of the Maharashtra Village Panchayat Act disqualifying the petitioner as the member of the Gram Panchayat Anjangaon Bari, Tq. and Dist. Amravati, for having encroached upon the Government land admeasuring 970 sq.ft (pg. 44). An appeal there against before the Additional Commissioner has been rejected by the order dtd. 5/5/2023 (pg. 56).

(3.) Mr. Gawande, learned counsel for the petitioner does not dispute that initially the father of the petitioner was the encroacher of the Government land admeasuring 1470 sq.ft. After the demise of the father of the petitioner, an application came to be made to the Village Development Officer for regularization of the encroachment. The empowered committee in that regard by the order dtd. 21/1/2020 had regularized 500 sq.ft of land out of the encroached 1470 sq.ft. One of the conditions of the order of regularization was that the balance land would be handed over to the Gram Panchayat (pg.27). It is contended that this land was handed over the Gram Panchayat, for which reliance is placed upon the application dtd. 25/10/2020 (pg.30) and so also the report of the Secretary of the Gram Panchayat, which is quoted in the order dtd. 25/7/2022 passed by the Collector (pg.38). It is also submitted that subsequently the balance land of 970 sq.ft is also regularized in favour of the petitioner by an order dtd. 25/3/2021. It is therefore submitted that there is no encroachment at all and therefore, the impugned orders cannot be sustained.