LALITA DILIP KHANDALKAR Vs. ADDITIONAL COMMISSIONER ORS.

JUDGEMENT

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

(2.) By this writ petition, the petitioner has challenged order dated 06.08.2018 passed by the respondent no.2- Additional Collector holding that the petitioner was liable to be disqualified under Section 14(1)(j-3) of the Maharashtra Village Panchayats Act, 1959 on the ground of having encroached upon Government land and order dated 29.11.2018 passed by the respondent no.1- Additional Commissioner, dismissing the appeal of the petitioner and confirming the order of respondent no.2.

(3.) The petitioner was elected as Member of the Gram Panchayat Amdapur, Tahsil Chikhali, District Buldhana, in August, 2015. The respondent no.3 submitted an application for disqualification of the petitioner under Section 14(1)(j-3) of the aforesaid Act on 03.01.2018, contending that although the available Aakhiv Patrika demonstrated that the house in which the petitioner was living with her husband, was on plot admeasuring 1196 sq.ft., the petitioner and her family had actually constructed the house on excess area i.e. on 1352 sq.ft. On this basis, it was contended that the excess area of 156 sq.ft. was illegally taken from Government land, thereby showing the encroachment and making the petitioner liable for disqualification under the aforesaid provision.