DATTATRAYA KRISHNAT PATIL Vs. ADDITIONAL DIVISIONAL COMMISSIONER

JUDGEMENT

(1.) Heard Mr. Rakesh Patil, learned Counsel appearing for the Petitioners, Mr. Chate, learned Additional GP along with Mr. Pujari, learned AGP, for the Respondent Nos.1, 2 and 5-State and Mr. Yuvraj Narvankar, learned Counsel appearing for the Respondent No.3.

(2.) By way of this Writ Petition filed under Articles 226 and 227 of the Constitution of India, the Petitioners who are the residents of village Haldi, Taluka-Karveer, District-Kolhapur and therefore, voters in the election of Respondent No.4-Gram Panchayat Haldi, are challenging the Order dtd. 9/2/2023, passed by the Respondent No.1-Additional Divisional Commissioner, Pune Division, Pune in Appeal No.14 of 2022 ("impugned Order"). By the said impugned order, the Appeal filed by the Respondent No.3 has been partly allowed by setting aside the Order dtd. 24/6/2022 passed by the Collector, Kolhapur in Dispute Application No.16 of 2021 and the matter has been remanded back. The operative part of the said impugned order dtd. 9/2/2023 passed by the Additional Divisional Commissioner, Pune Division, Pune, is set out herein below:

(3.) The Collector, Kolhapur by the order dtd. 24/6/2022 passed in the said Dispute Application No.16 of 2021, allowed the said Dispute Application filed under Sec. 16(2) read with Sec. 14(1)(j-3) of the Maharashtra Village Panchayats Act (Act No.III of 1959) ("said Act") and the Respondent No.3 has been disqualified to be a member of the Gram Panchayat. The said disqualification is on the ground that the Respondent No.3 has encroached upon the Government land. As set out herein above, by the impugned order of the Additional Divisional Commissioner, order of the Collector is set aside and the matter has been remanded back to the Collector.