This single-paragraph judgment dismisses a writ petition challenging the disqualification of the petitioner as a Gram Panchayat Member due to government land encroachment by her husband and father-in-law, which the court found reasonably recorded.
Petition dismissed; parties to bear their own costs.
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1 wp2742.16
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 2742 OF 2016
(JANABAI KASHIRAM GAIKWAD....VS.. ADDL. COMMISSIONER, AMRAVATI & OTH.)
Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions and Registrar's orders
Court's or Judge's orders
Shri P.V.Ghare, Adv. h/f. Shri A.M.Ghare, Adv. for Petitioner. Shri B.H.Lonare, A.G.P. for Respondent Nos.1 & 2 Shri S.S.Ghate, Advocate for Respondent Nos.4 & 5.
CORAM : Z.A.HAQ, J. DATED : MAY 03, 2017.
Heard.
The petitioner has challenged the order passed by the subordinate Authorities disqualifying the petitioner from continuing as a Member of the Gram Panchayat concurrently recording that there is encroachment on government land by father-in-law and husband of the petitioner. The learned Additional Commissioner has independently examined the material on record and has found that Gram Panchayat had issued notice in 2012 to father-in-law of the petitioner to remove the encroachment. However, it was not complied with and then again Gram Panchayat had sent another communication asking for removal of encroachment to which Shri Kashiram Gaikwad-husband of the petitioner gave reply on 29th June, 2012 accepting that there was an encroachment and justified. The petitioner has not been able to point out any perversity in the findings of fact recorded by the subordinate authorities. I see no reason to interfere with the impugned order.
The petition is dismissed . In the circumstances, the parties to bear their own costs.
JUDGE
RRaut ..
2 issues framed by the court
Whether the High Court should interfere with the subordinate authority's order disqualifying the petitioner for encroachment on government land by her family members.
Whether the findings of facts recorded by the subordinate authorities disclosing encroachment are perversely incorrect.
Janabai Kashiram Gaikwad
Addl. Commissioner, Amravati
Husband
Z.A.HAQ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
