1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3802 OF 2010. Namdeo s/o Dajiba Deokar Age: 73 Yrs., occu. Agril. r/o Gambhirwadi, Tq.Kallam, District Osmanabad. - PETITIONER VERSUS 1) The Sarpanch, Grampanchayat Gambhirwadi, Tq.Kallam, Dist.Osmanabad and two others. - RESPONDENT ***** Mr.A.A.More,Advocate for Petitioner; Mr.P.B.Rakhunde,Advocate for respondent Nos. 1 & 2. Mr.VG Shelke, AGP for Respondent No.3. ----- CORAM : K.U.CHANDIWAL,J. DATE : 25th October,2010. PER COURT: 1) Heard. Rule in this matter was issued on 24.06.2010. Heard finally by consent of parties. 2) Refusal to grant injunction below Exhibit-5 in RCS No. 474/2006, confirmed by learned Ad hoc District Judge, Osmanabad, in 2 Misc. Civil Appeal No.81/2006, is questioned by the plaintiff. 3) Several submissions are advanced by Mr. More for the plaintiff/writ petitioner. He pointed that there is illegal bifurcation of petitioner’s property and the property, giving number as 253 admeasuring 33 X 30 ft. is carved out, giving name as owner to Gram Panchayat under the monthly meeting dated 17.7.2006 vide resolution no.5/2001. Mr.More further informs, this procedure is unheard of, legally not acceptable and totally in breach of Section 59 of the Bombay Village Panchayats Act, 1958. 4) In order to endorse his point as to petitioner’s holding more area, he has placed before me extract of 1980-1981 of the village concerning street No.10, property no.89 in the name of Namdeo Dajiba Deokar, admeasuring 59 ft. X 33 ft. with four boundaries therein. This is for the purposes of assessment of taxes in the village. 5) Mr.Rakhunde, learned counsel for Respondent nos. 1 and 2 informs, that the extract of tax of 1980-1981 is a fabricated document. 6) At this stage of the matter, when on- 3 going litigation is pending and as Mr.Rakhunde also informs that the grants by the Government to the Gram Panchayat are withheld owing to on-going litigation, both the parties to the litigation shall maintain status quo in relation to the suit property. The plaintiff shall not create any third party interest nor shall enter the property. The defendant/respondent shall not carry out any sort of construction over the property till disposal of the suit. 7) Rule is made absolute in the aforesaid terms with no orders as to costs. (K.U.CHANDIWAL) JUDGE bdv/