Case Note & Summary
The petitioner, Subhash Govinda Badwaik, challenged an order passed by the Additional Commissioner rejecting his appeal under Section 53(3A) of the Maharashtra Village Panchayats Act. The appeal was against a notice issued by the Sarpanch of Gram Panchayat Pipra on 30th August 2011, calling upon the petitioner to remove his encroachment from the land in question. The High Court found that the Additional Commissioner dismissed the appeal without considering the contentions and grounds raised by the appellant, which is required to be done by the Appellate Authority. The Court set aside the impugned order and remanded the matter to the Additional Commissioner for deciding the appeal afresh after giving parties an opportunity to put forth their case. The petitioner undertook to appear before the Additional Commissioner on 10th February 2017. The appeal was directed to be decided within six months, and till its disposal, the possession of the petitioner over the land in question was protected. The rule was made absolute in the above terms, and parties were directed to bear their own costs.
Headnote
A) Panchayat Law - Encroachment Notice - Appeal under Section 53(3A) of Maharashtra Village Panchayats Act - Appellate Authority's Duty - The Additional Commissioner dismissed the appeal without considering the appellant's contentions and grounds, which is required to be done by the Appellate Authority - Held that the impugned order is set aside and the matter is remanded for fresh decision after giving opportunity of hearing (Paras 2).
Issue of Consideration
Whether the Additional Commissioner was justified in dismissing the appeal without considering the contentions and grounds raised by the appellant.
Final Decision
The impugned order is set aside. The matter is remanded to the Additional Commissioner, Nagpur Division, Nagpur for deciding the appeal afresh after giving parties opportunity to put forth their case. The appellant undertakes to appear on 10th February 2017. The appeal shall be decided within six months. Till disposal of the appeal, the possession of the petitioner over the land in question is protected. Rule made absolute. Parties to bear their own costs.
Law Points
- Appellate authority must consider contentions and grounds raised by appellant
- Remand for fresh decision
- Interim protection of possession
