SANGITA RAOSAHEB BHAVAR Vs. ADDITIONAL DIVISIONAL COMMISSER

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By the consent of the parties, matter is taken up for final hearing at the stage of admission.

(2.) The petitioner impugns the order dtd. 22/3/2022 passed by the District Collector, Aurangabad in Grampanchayat Dispute No.284/2021 as well as order dtd. 26/4/2022 passed by the Divisional Commissioner, Aurangabad in Appeal No.49/2022, by which the disqualification of the petitioner has been upheld in terms of Sec. 14(G)(J) of the Maharashtra Village Panchayat Act, 1958 (for short 'Act of 1958').

(3.) Mr. Hon, learned Senior Advocate appearing for the petitioner submits that the petitioner came to be elected as Sarpanch of Village Aasarkheda. The respondent no.3, who is political opponent raised Grampanchayat Dispute No.284/2021 seeking disqualification under Sec. 14 (G)(J) of the Act of 1958 alleging that the petitioner's husband has encroached upon the Government land/road. Mr. Hon would invite attention of this Court communication dtd. 30/8/2021 issued by Deputy Executive Engineer, P.W.D., Badnapur, by which he informed District Collector, Jalna asserting encroachment by the petitioner's husband on Aasarkheda-Nivdunga highway. He would submit that in fact there is voluminous evidence in the form of panchanamas conducted by the Grampanchayat authorities, Tahsildar and Block Development Officer, Panchayat Samiti indicating that there is no encroachment is discernible as alleged. He would further submit that only on the basis of communication dtd. 30/8/2021 inference is drawn about encroachment made by the petitioner's husband and disqualification order has been passed. The Appellate Authority i.e. Divisional Commissioner, Aurangabad without looking to the grounds of Appeal, mechanically confirmed the order. Mr. Hon would submit that in absence of joint measurement, no inference can be drawn as regards to the encroachment on public road.