RAMCHANDRA POSHA KADU Vs. KOKAN COMMISSIONER, MUMBAI

JUDGEMENT

(1.) Rule, returnable forthwith. Heard finally by consent of the parties.

(2.) This petition under Article 226 of the Constitution is filed praying for the following reliefs:

(3.) The grievance of the petitioners is to the effect that the impugned order dtd. 12/12/2023 passed by respondent No. 4 - Sub-Divisional Officer, Panvel, under Sec. 53(2) of the Maharashtra Village Panchayat Act, 1959 (for short 'the Act'), has directed the petitioners to remove the encroachment and/or construction as undertaken by the petitioners. It is the petitioners contention that under the provisions of Sec. 53(3A) of the Act any person aggrieved by an order passed under sub-sec. (2) of Sec. 53 can maintain an appeal before the Commissioner. It is the petitioners' contention that the Office of the Commissioner, however, is not accepting the appeal for the reason that the impugned order has been passed under the directions of the Collector.