ASHRUBA DHONDIBA GADE Vs. RAJENDRA SHANKAR SUTAR

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent heard both sides for final disposal.

(2.) The present proceeding is filed to challenge the judgment and order of the learned Divisional Commissioner, Aurangabad in Appeal No. DB/Desk-2/ZPVP/Appeal/CR/88/2013 dated 14.11.2013, by which the learned Divisional Commissioner has set aside the order of disqualification passed against the petitioner by District Collector, Osmanabad. The Collector had passed order of disqualification on the ground that encroachment was made by respondent No.1 Rajendra and respondent No.2 Mandakini on Gairan land which was allotted to Public Works Department under the provisions of Sec. 14 (1) (j-3) of the Maharashtra Village Panchayat Act, 1959. For passing the order, learned Collector had considered the record of enquiry made by Tahsildar which included show-cause notices given by Tahsildar and the panchnama prepared by Village Panchayat in respect of the said construction. In addition to that, there was statement dated 28.06.2011 of Rajendra Sutar which was to the effect that in the past, the said space was open space, his son had made construction of the house on the said space, there was also toilet block and before making construction of the house he was using the said toilet block and thus, before making construction of new house, prior to one year of the date of statement, he was living in Gairan by making construction of shed by using tin sheets.

(3.) The nomination form was filled in the year 2010 and the tenure of Village Panchayat was 2010 to 2015. In view of this record and the say of aforesaid nature of Rajendra, the order was made by District Collector against the petitioner of disqualification.