S. S. Shinde - (1.) Rule. With the learned counsel for the parties, Rule is made returnable forthwith and heard.
(2.) This petition is filed with following substantive prayer:- "(b) to quash and set aside the impugned order dated 04.09.2017 passed by the 3rd respondent in the Appeal No. 18 of 2017 as well as impugned order dated 05/06/2017 passed by Respondent No. 4 in dispute application no. 140 of 2016 entirely with costs;"
(3.) It is the case of the petitioner that, father of the petitioner namely Shrimant Kadam constructed the house in the year 2003 after obtaining the necessary permissions from Grampanchayat Khodshi. The election of the said grampanchayat was conducted on 04/08/2015 for a period of 2015 to 2020 and the petitioner got elected as a member of the said grampanchayat from ward No. 3 from open category. It is the case of the Petitioner that, the said Grampanchayat carried out measurement of Survey No. 385 on 29/01/2016. Thereafter, the respondent nos. 1 and 2 and others submitted/complaint to the respondent no. 4 and 5 against the petitioner. In the meanwhile, the said Grampanchayat issued notice dated 01/09/2016 to the father of the petitioner under section 54 of the Maharashtra Village Panchayat Act (for short 'said act'). The respondent no. 1 and 2 submitted the application under section 14 (1) (J-3) of the Maharashtra Village Panchayat Act, to respondent no. 4 praying therein to disqualify the petitioner. After receipt of notice in the said application the petitioner appeared and contested the said application by filing reply on the grounds set out in said application. Respondent no. 1 and others also submitted complaint to the Tahsildar's office on 09/09/2016. Thereafter, Tahsildar issued letter on 7/10/2016 to Block Development Officer, Karad to make enquiry in relation to the allegations made in the complaint and to submit report. On the basis of letter issued by Tahsildar, Karad, Block Development Officer caused an inquiry and submitted report by forwarding letter dated 17/1/2017 to the respondent no. 5 Tahsildar, Karad. 3. Learned counsel appearing for the petitioner submits that the respondent no. 4 without considering contents of letter written by Tahsildar, Karad to respondent no. 4, that the petitioner and his father has not encroached upon Survey No. 385 as alleged by the respondent no. 1 and 2, proceeded to pass the impugned order on 5th June 2007, thereby allowing the application submitted by respondent no. 1 and 2 and disqualified the petitioner as member of Grampanchayat Khodshi, Tq. Karad, District Satara. It is further submitted that, the Block Development Officer has issued letter to the Tahsildar, Karab thereby informing that the petitioner has not encroached on Survey No. 385 i.e. the Government land. The respondent no. 3 and 4 ought to have appreciated that the petitioner and his father has separate ration cards. It is submitted that the respondent No. 4 while passing the impugned order has failed to take into consideration the contents of the letter dated 17.1.2017 as well as 20.05.2017, which would clearly demonstrate that the petitioner has not encroached upon the S.No. 385. It is also submitted that the perusal of the order dated 5.6.2017, disqualifying the Petitioner does not reveal any finding in relation to the said letters. The respondent No. 4 while passing the impugned order relied upon the report dated 30.3.2017, submitted by the Taluka Inspector of Land Records, and measurement of concerned land by him carried out on 2.2.2016. It is the contention of the counsel for the petitioner that, while carrying out the said measurement no notice was given to the petitioner and in the absence of the petitioner the measurement of survey no. 385 was carried out. The respondent No. 4 further relied upon the notice dated 1.9.2016 issued to the father of the petitioner by the grampanchayat. As a matter of fact the petitioner is residing separately from his father and he has separate ration card, and even otherwise the petitioner has not carried out the alleged construction on Survey no. 385.;