1 FARAD CONSTITUTION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO.3663/2009 (Sunil Gunjanwar ..vs.. State of Mah. and others.) -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- CORAM:- B.P. DHARMADHIKARI, J. DATE:- NOVEMBER 07, 2009 In view of the fact that no interim protection has been given to the petitioner and subsequent measurement of his own land carried out at the instance of petitioner, which also shows that petitioner made encroachment. Advocate Shri A.S.Kilor for petitioner states that present petition may be disposed of, but subject to result of the order passed by Superintendent of Land Records in appeal preferred by him, on 29/9/2009. He states that the said authority has directed joint measurement of the Government land and petitioner’s private land to find out the encroachment as alleged. He further states that in case, after joint measurement, petitioner is found not to have encroached upon government land, his membership should be directed to be restored. 2 Learned AGP opposing the request. As the petitioner is being disqualified on the ground of encroachment. It is apparent that if ultimately he is found not to have encroached upon government land, his disqualification cannot stand. Therefore, subject to his restoration on the post of Member of Gram Panchayat, in the contingency as mentioned above, writ petition is disposed of. No costs. JUDGE diwale.