-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5583 OF 2008 Shri Mahadeo Dhondiba Bandgar .. Petitioner. V/s. 1.Shri Balu Bhimrao Bandgar & Ors. .. Respondents. --- Mr.M.S.Lagu for the Petitioner. Mr.S.D. Rayrikar, AGP for the Respondents 9 to 11. --- CORAM : V.C. DAGA, J. CORAM : V.C. DAGA, J. CORAM : V.C. DAGA, J. DATED : 29th JULY, 2008. DATED : 29th JULY, 2008. DATED : 29th JULY, 2008. P.C.: P.C.: P.C.: . Heard the learned counsel for the petitioner and the learned AGP. 2. This petition is directed against the order dated 14.07.2008 passed in Appeal No. VPT/A/16 of 2008 by the Divisional Commissioner, Pune Division, Pune, confirming the order passed by the Additional Collector, Sangli dated 28.04.2008. The factual matrix reveal that by a majority no confidence motion was passed. It is also clear from the order of the Additional Collector that the notice was sought to be served personally on the petitioner; however, his house was found to be locked. With the result, the service was effected by affixing the -: 2 :- notice on the conspicuous part of the house of which panchanama was drawn and the Pancha’s signatures were taken on the Panchanama. However, it appears that after 28 days the Pancha’s have turned hostile. They filed affidavits stating that their signatures were obtained on the next date and that they were not present when the alleged service was effected. 3. This fact has been appreciated by the both the authorities below. The Divisional Commissioner has recorded a positive finding that the affidavit was filed after expiry of 28 days was nothing but an after thought. Therefore, that affidavit did not inspire confidence with the appellate authority. View taken by the appellate authority cannot be faulted. Appreciation done and the view taken by the Divisional Commissioner is a reasonable and possible. The petitioner has more than 7-8 members in his family. How all of them were not at home has not been explained. It is a clear case of avoiding service of notice. 4. The petition is without any merit. Hence, rejected. (V.C. DAGA, J.) -: 3 :- .....