1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION No. 6036 of 2011 Jaideo Uttamrao Harne Vs. Sarpanch, Gat Grampanchayat, Deodari and another. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. AJ/DA Thakkar, counsel for the Petitioner. CORAM : SMT. VASANTI A. NAIK J. DATE : 8 th December, 2011. There is nothing wrong with the orders passed by the trial court and the first appellate court rejecting the application filed by the petitioner for grant of temporary injunction restraining the respondents from taking action in pursuance of the notice issued to the petitioner under section 53(2) of the Village Panchayat Act, 1958. Apart from the fact that it was necessary for the petitioner to have filed an appeal before the Commissioner against the order passed by the Panchayat under section 53(2), the courts found that the petitioner did not have a prima facie case and had also not approached the court with clean hands. The courts prima facie found that the fact that the land was the government land was not pleaded in the plaint and the petitioner also made efforts to create record in his favour by utilising the political influence of his brother. The courts rightly fond that the balance of convenience was not in favour of the petitioner and the petitioner was not entitled to grant of temporary injunction. 2 Since the orders passed by the two courts are just and proper, the writ petition is dismissed with no order as to costs. JUDGE Hirekhan.