Megha 27_wp_11408_2024_fc.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11408 OF 2024 Arjun Bajirao Patil ...Petitioner V/s. Additional Divisional Commissioner, Pune, Division, Pune and Ors. ...Respondents ______________ Mr. Drupad Patil, with Ms. Srushti Chalke and Mr. Dheeraj Patil for Petitioner. Mr. Yuvraj S. Gharal for Respondent No.4. Mr. J.P. Patil, AGP for Respondent-State. ______________ CORAM : SANDEEP V. MARNE, J. Dated : 7 January 2025. P.C. : 1) Petition challenges order dated 30 July 2024 passed by the Additional Divisional Commissioner, Pune Division, Pune, partly allowing the Appeal preferred by Respondent No.4 and remanding the proceedings to the Collector for fresh decision after conduct of measurement of Gat Nos. 154 and 158 in pursuance of application submitted by Bajirao Patil on 2 November 2023 for measurement. It appears that measurement in pursuance of the said application dated 2 November 2023 could not be conducted on account of presence of sugarcane crop in land bearing Gat No.154 on 17 November 2023. 2) It appears that in the panchanama conducted in pursuance of the directions issued by the Collector, encroachment was noticed on Page No. 1 of 3 7 January 2025 MEGHA SHREEDHAR PARAB Digitally signed by MEGHA SHREEDHAR PARAB Date: 2025.01.10 18:53:23 +0530 Megha 27_wp_11408_2024_fc.docx Government gairan land bearing Gat No. 150A by occupiers of land bearing Gat No.154. Since name of father of Respondent No.4 is recorded to the 7/12 extract of Gat No.154, Collector drew inference of encroachment by Respondent No.4 on government land and proceeded to disqualify him under Section 14(1)(j-3) of the Maharashtra Village Panchayats Act, 1958 (Panchayats Act). However, on account of supervening events occurring during pendency of Appeal before the Additional Divisional Collector, Pune Division, Pune, in the form of filing of application by Bajirao Patil for conducting of measurement of land bearing Gat Nos. 154 and 158, Additional Divisional Collector appears to have remanded the proceedings to the Collector to take a fresh decision once the measurement of Gat Nos. 154 and 158 takes place. 3) I do not find any error in the approach adopted by the Additional Divisional Commissioner, in ensuring that complete satisfaction is recorded before an action of disqualifying democratically elected Member and Sarpanch is taken under the provisions of Section 14(1)(j-3) of the Panchayats Act. 4) It appears that in the remanded proceedings, the Collector has passed order for conduct of fresh measurement on 14 October 2024 and directed both the parties to bear expenditure for the same in equal proportion. 5) Mr. Patil, the learned counsel appearing for the Petitioner would submit that as of now there is no sugarcane crop in land at Gat No.154 or 158 or in the alleged encroached portion of Gat No.150A. In that view of the matter, the measurement of Gat Nos.154 and 158 needs to be carried out in an expeditious manner so as to examine Page No. 2 of 3 7 January 2025 Megha 27_wp_11408_2024_fc.docx whether there is any discrepancy in the measurement prepared during the course of measurement on 25 February 2024 (M.R. No.6053/2023). 6) Accordingly, the District Superintendent of Land Records, Kolhapur, is directed to ensure that the measurement in pursuance of order passed on 14 October 2024 is carried out within a period of three weeks. Collector thereafter shall take into consideration the measurement carried out in pursuance of order dated 14 October 2024 as well as the original measurement map prepared in pursuance of M.R. No.6050/2023 and thereafter take fresh decision in the matter in accordance with the law. 7) With the above directions, the Writ Petition is disposed of. [SANDEEP V. MARNE, J.] Page No. 3 of 3 7 January 2025