(1) 116 WP 1956-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 1956 OF 2026 Sau. Subhadra Deepak Khule And Another VERSUS The Additional Commissioner, Amravati Division, Amravati And Others -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------- Mr. S.M. Vaishnav, Advocate for petitioner Mr. J.Y. Ghurde, AGP for respondent/State Mr. A.N. Shinde, Advocate for respondent No. 4 CORAM : NANDESH S. DESHPANDE, J. DATED : 22.09.2026 On 09.03.2026, following order was passed: “Heard learned Advocate for the petitioners. 2. The petitioners' challenge is to the order dated 02.12.2025 passed by respondent No.1 Additional Commissioner, Amravati and order dated 05.06.2024, passed by respondent No.2 Collector, Akola, thereby disqualifying the petitioners as Member of Gram Panchayat, under Section 14(1) (j-3) of the Maharashtra Village Panchayats Act, 1959. 3. Learned Advocate for the petitioners submits that, although the disqualification was ordered on account of encroachment on Government land, the alleged encroachment was already regularized by the competent authority, vide order dated 26.09.2025, (2) 116 WP 1956-2026 by considering the Government Resolution Dated 16.02.2018 and consequently, the petitioners' encroachment stood regularized with effect from the year 2011. He, therefore, submits that the alleged allegation of encroachment on Government land could not have been made a basis for disqualifying the petitioners. He submits that, during pendency of the appeal before respondent No.1, an interim order dated 15.10.2024, was passed and order of disqualification was stayed. Hence, he prays for interim relief during the pendency of the instant petition. 4. In view of this, issue notice to the respondents, returnable after four weeks. 5. Learned AGP waives service of notice on behalf of respondent Nos.1 and 2-State. 6. The petitioners are permitted to serve the other respondents by private mode, in addition to regular mode of service and file affidavit of service in that regard by next date. 7. Since the petitioners have made out a prima facie case, there shall be ad-interim relief in terms of prayer clause 'iii', which is reproduced as under, till next date. "iii) Grant interim relief thereby staying execution and operation of order dtd.2-12-2025 passed by Additional Commissioner, Amravati in proceeding no. 31/MVP ACT 1959/Sec 16(2)/Dadham/Balapur/ Akola/2024 and order passed by Collector, Akola dtd. 5-6-2024 disqualifying the petitioners u/s 14(1) (J-3), with kind consideration and in the interest of justice and fair play.” 2. When the matter has come up today, Mr. Vaishnav points me out that the order of the Collector is dated 05.06.2024, and subsequent to the said order, vide (3) 116 WP 1956-2026 order dated 26.09.2025, the Competent Authority, after considering the Government Resolution dated 16.02.2018, has regularized the encroachment with effect from the year 2011. However, Mr. Vaishnav in his fairness points out that the said aspect of the encroachment being regularized was not brought to the notice of the Additional Commissioner due to the understanding of the learned Counsel appearing before the Commissioner in the said matter. 3. However, the fact remained that the encroachment is regularized. 4. Learned Counsel appearing for respondent No. 4, even though does not dispute these dates, but he submits that there are concurrent findings against the petitioner, and since there is no perversity or jurisdictional error, the Court would be loathe to interfere in writ jurisdiction. However, having considered the dates as stated supra, the fact remains that the construction stands regularized vide order dated 26.09.2025, subsequent to the order of the Collector which was passed on 05.06.2024. 5. In that view of the matter, following orders are passed. 6. The order of the Collector dated 05.06.2024, disqualifying the petitioners u/s 14(1)(J-3), as also the order of the Additional Commissioner, Amravati, dated 02.12.2025, in proceeding No. 31/MVP Act 1959/Sec 16 (2)/ Dadham/Balapur/Akola/2024, are set aside. 7. The matter is relegated to the Collector to decide the same in accordance with law in the background of the (4) 116 WP 1956-2026 fact that the encroachment of the petitioner has already been regularized vide order dated 26.09.2025. 8. The parties undertake to appear before the Collector on 07.10.2026 and abide by its further directions. 9. Needless to mention that this Court has not commented upon the merits of the matter, and it would be for the Collector to decide the same in accordance Rule. 10. With this direction, the petition is disposed of. (NANDESH S. DESHPANDE, J.) Jayashree.. Signed by: Mrs. Jayashree Pethe Designation: PA To Honourable Judge Date: 29/09/2026 19:41:09