1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 1169 OF 2009 Deepak Waman Patil ...Petitioner Versus The Tahsildar Dharangaon and others ...Respondents ..... Mr. B. S. Deshmukh, advocate for the petitioner Mr. K.G. Patil, A.G.P. for respondent Nos.1 to 3. ..... CORAM: S.S. SHINDE, J. DATED: 29TH JANUARY, 2010 PER COURT:- 1 Heard counsel for the parties. 2 This petition takes exception to the order dated 31.1.2007, passed by the Additional Commissioner, Nashik Division, Nashik in appeal No. 70 of 2008. The principal grievance, which is raised in this petition, is that the notice of no confidence motion has not been served on the petitioner and same was served on the real aunt of the petitioner. The second ground is that there was no 2/3rd majority to carry out the motion, therefore, the said motion was not in accordance 2 with law. The other points raised are technical in nature i.e. in respect of service of copies of notice. 3 On perusal of the impugned judgment and order passed by the Additional Commissioner, it clearly appears that when the notice was tried to be served on the petitioner, the petitioner avoided to accept the notice, therefore, the concerned Talathi, who had been to effect the service of notice, has served the copy of notice on the relative of the petitioner as well as a copy of notice was affixed on the door of house of the petitioner and necessary panchnama to that effect was conducted. The points raised by the petitioner about service of notice is disputed questions of fact and the Additional Commissioner has recorded satisfactory findings on the said fact. The said points cannot be adjudicated in writ jurisdiction under Article 227 of the Constitution of India. It is an admitted position that three sitting members of the Gram Panchayat have already resigned from the post. On careful perusal of the reasoning given by the Additional Commissioner, it appears that no interference is warranted. Writ petition is devoid of any merits and the same thus, stands dismissed. Ad-interim relief, if any stands vacated. ( S. S. SHINDE. J.) rlj/ 3