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Judgment
Heard Shri K.S. Motwani, Advocate for the petitioner, Ms. Shamsi Haider, A.G.P. for respondent No.1 and Shri Amit Kukday, Advocate for respondent No.3. None for the respondent No.2 though served.
The petitioner has challenged the order passed by the Additional Commissioner rejecting the appeal filed by the petitioner under Section 53(3A) of the Maharashtra Village Panchayats Act. In the appeal, the petitioner had challenged the notice issued by the Sarpanch of Grampanchayat on 30th August, 2011 calling upon the petitioner to remove his encroachment from the land in question.
After examining the matter, I find that the Additional Commissioner has dismissed the appeal without considering the contentions of the appellant and the grounds raised by him in the appeal which is required to be done by the Appellate Authority. Considering the facts of the case, in my view, the interests of justice would be subserved by passing the following order:
(i) The impugned order is set aside.
(ii) The matter is remanded to the Additional Commissioner, Nagpur Division, Nagpur for deciding the appeal filed by the petitioner afresh after giving parties opportunity to putforth their case.
(iii) The appellant undertakes to appear before the Additional Commissioner, Nagpur Division, Nagpur on 10th February, 2017 at 11 a.m. and abide by further instructions in the matter.
(iv) The appeal shall be decided within six months.
(v) Till the disposal of the appeal, the possession of the petitioner over the land in question is protected.
Rule made absolute in the above terms.
In the circumstances, the parties to bear their own costs.