1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 4775/2009 (Ruplal K. Barve VERSUS Liladhar R. Thakre & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.D. Raut, counsel for the petitioner. Shri A.S. Kilor, counsel for the respondent no.1. Shri S.B. Ahirkar, A.G.P. for the R-State. CORAM : SMT. VASANTI A. NAIK, J. DATE : NOVEMBER 09, 2009. By this petition, the petitioner impugns the order passed by the Additional Collector, Nagpur on 17.09.2009 allowing an application filed by the respondent no.1 and declaring that the petitioner was disqualified under the provisions of Section 14(1)(J-3) of the Bombay Village Panchayat Act, 1958 as also that of the Additional Commissioner, Nagpur Division, Nagpur dated 08.10.2009 rejecting an appeal filed by the petitioner against the order passed by the Additional Collector on 17.09.2009. On hearing the learned counsel for the parties and on perusal of the impugned orders, it is clear that both the authorities have recorded a categorical finding of fact that the petitioner was an encroacher and was liable to be disqualified under the provisions of Section 14(1)(J-3) of the 2 Bombay Village Panchayat Act, 1958. The submission made on behalf of the petitioner that, for disqualifying a person under Section 14(1)(J-3), the person should be an encroacher on the date of passing of the order, is liable to be rejected as the relevant date for considering whether the person was an encroacher or not is the date of election and the date of election in this case is 21.09.2008. From the reports of all the authorities, it was clear to the Additional Collector as well as the Additional Commissioner that the petitioner was an encroacher and was liable to be disqualified under the provisions of Section 14(1)(J-3) of the Bombay Village Panchayat Act, 1958. The orders passed by both the authorities are based on a proper appreciation of the material evidence on record and do not call for any interference in exercise of the writ jurisdiction. In the result, the writ petition fails and is dismissed with no order as to costs. JUDGE APTE