ANITA LAXMAN JUNGHARE Vs. ADDITIONAL COMMISSIONER, AMRAVATI DIVISION, AMRAVATI
LAWS(BOM)-2017-9-175
HIGH COURT OF BOMBAY
Decided on September 21,2017

Anita Laxman Junghare Appellant
VERSUS
Additional Commissioner, Amravati Division, Amravati Respondents

JUDGEMENT

S.C. Gupte, J. - (1.) Heard learned counsel for the parties.
(2.) Rule. Rule made returnable forthwith. Taken up for hearing by consent of the parties.
(3.) The subject matter of the present petition is an order passed by Additional Collector, Buldana disqualifying the petitioner as Sarpanch and Member of Gram panchayat, Nagpur under Section 14(1)(j3) of the Maharashtra Village Panchayats Act, 1958("Act"). The disqualification was on a complaint made by respondent Nos. 3 and 4 herein. The complaint was that the son of the petitioner, Ganesh @ Omshiv Laxman Junghare, had encroached upon the government land being Survey No.131 and illegally set up a shop by the name of Shivshakti Offset Printers for screen printing work. The Additional Collector by his impugned order dated 16th August, 2016 held that the petitioner's son had encroached on government land and accordingly disqualified the petitioner under Section 14(1)(j3) of the Act. On an appeal filed by the petitioner, the Additional Commissioner, Amravati Division, Amravati by his impugned order dated 6th January, 2017 dismissed the appeal and confirmed the order of the Additional Collector, Buldana. The Additional Commissioner while dismissing the appeal and affirming the order of the Additional Collector relied on the decision of this Court in the case of Devidas vs. Additional Commissioner, 2017 1 MhLJ 102.;


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