FULWATI BABURAO PAWAR Vs. ADDITIONAL COMMISSIONER

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with the consent of the learned counsel appearing for the parties.

(2.) The Petitioner is challenging the order dtd. 5/3/2024, passed by the respondent No.1 - Additional Commissioner, Amravati Division, Amravati in Appeal No.100/BVP-16(2)/Kurangad/Dist. Buldhana/2023 and also order dtd. 27/10/2023, passed by the respondent No.2 - Additional Collector, Buldhana in Gram Panchayat Case No. Sec. 14(1)(J-3)/Kurangad Khu./149/2022-23.

(3.) The respondent No.3 had filed an application for disqualification of petitioner Fulwati Pawar, elected 'Sarpanch', on the ground that she and her husband were encroached on the Government land. On the said complaint, the petitioner filed her due reply to the complaint and specifically submitted that the said houses are constructed under the "Indira Gandhi Aawas Yogaja". In view of that respondent No.2 directed the Tahsildar to conduct the spot inspection. As per direction, the Circle Officer and Talathi were directed to inspect the spot with due notice to the parties and submitted report. It appears that the spot inspection was carried out by the Talathi in presence of Circle Officer and respective parties and submitted his report on 6/2/2023. On the basis of that report, the respondent No.2 - Additional Collector, Buldhana passed the order dtd. 27/10/2023 in Gram Panchayat Case No. Sec. 14(1)(J-3)/Kurangad Khu./149/2022-23, allowed the application filed by respondent No.3 and the petitioner herein was disqualified for remainder period. The said order was challenged by the petitioner before the respondent No.1 in Appeal No.100/BVP-16(2)/Kurangad/Dist. Buldhana/2023, the said appeal was dismissed by order dtd. 5/3/2024 and upheld the order passed by respondent No.2.