MR. VITHOBA RAGHOBA FATREKAR Vs. SHRI GAJANAN FATREKAR

JUDGEMENT

(1.) Rule, made returnable forthwith. Shri Bhobe, the learned Counsel for the respondents waives service. Heard finally by consent of the parties.

(2.) The petitioner is challenging the order dated 30/09/2015, passed by the learned Deputy Collector, Ponda, by which, an application filed by the petitioner for production of the following documents in the enquiry before the learned Deputy Collector, has been dismissed :

(3.) The petitioner had filed a complaint of illegal conversion and user of the land Survey No.240/1 of village Usgaon, as a Crematorium. The Administrative Tribunal, by an order dated 25/03/2013, had remanded the matter to the Deputy Collector to ascertain the facts and hold an enquiry in accordance with law and then pass a speaking order. After this order of remand, the petitioner filed an application on 02/12/2014, claiming production of the aforesaid documents. The learned Deputy Collector has found that the proceedings of illegal conversion of the land had commenced in September/ October, 2012 and the documents sought to be relied upon, are of the year 2014. The learned Deputy Collector has also noticed certain discrepancies in the seal on the document at Exh.CB-4 and the seal at Exh. CW/4. The learned Deputy Collector has further found that the possibility of the petitioner improving his case, cannot be ruled out and in that view of the matter, has rejected the application.