.{1}. IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO.386 OF 2008 IN WRIT PETITION NO.4878 OF 2008 Shri Bandu Budhaji Sorkhade. ..Appellant. Versus Grampanchayat Davadi and 7 others. ..Respondents. ... Mr.D.S.Mhaispurkar, Advocate for the appellant. Ms.M.P.Thakur, A.G.P., for the respondent Nos.3, 7 & 8. ... CORAM : J.N. PATEL AND CORAM : J.N. PATEL AND CORAM : J.N. PATEL AND SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. DATED : 13TH FEBRUARY, 2009. DATED : 13TH FEBRUARY, 2009. DATED : 13TH FEBRUARY, 2009. P.C.:- P.C.:- P.C.:- 1. The appellant was the Sarpanch of Grampanchyat Davadi. He came to be removed from the post of Sarpanch by the Divisional Commissioner, Konkan Division under the provisions of Section 39 of the Bombay Village Panchayats Act, 1958. The appellant preferred Appeal against the said order before the Hon’ble Minister, Rural Development Department. The Hon’ble Minister, Rural Development Department confirmed the order of the Divisional Commissioner. .{2}. Being aggrieved thereby, the appellant preferred Writ Petition before this Court. The learned Single Judge dismissed the Writ Petition. Being aggrieved thereby, the petitioners have preferred this Letters Patent Appeal. 2. There were five charges against the appellant. The Divisional Commissioner interalia held that charge Nos.2 & 4 are fully proved. Charge Nos.2 & 4 are as under : Charge No.2 : Not implemented the resolution of the Grampanchayat Charge No.4 : Granted permission unlawfully to Ila Ravi Patil allowing her to run bar & lodging in Grampanchyat (area), in contravention of the resolution of the Grampanchyat meetings. 3. The Gramsabha had resolved not to give permission to any liquor bar. However, the appellant in subsequent grampanchayat meeting granted permission to one Ila Ravi Patil to conduct liquor bar in village Davadi. The minutes of the said .{3}. meeting show that the appellant presided over the gramsabha meeting. The appellant was very much aware of the earlier resolution passed in the gramsabha yet subject of giving permission to liquor bar was taken on agenda in the grampanchyat meeting. The meeting was attended by only five members, including the appellant. One member i.e. Asha Patil opposed the resolution on the ground that there is already Gramsabha resolution in the field and hence no resolution could be passed contrary to the earlier resolution. One Gramsevak also pointed out to the appellant - Sarpanch that no such resolution can be passed. In spite of this, resolution was passed and permission was given to Smt.Ila Ravi Patil to conduct the liquor bar. By passing the resolution to grant permission to Ila Patil to conduct liquor bar, the appellant has clearly not implemented the earlier resolution, which resolution he was fully aware of. In such case, both the authorities below as well as the learned Single Judge have rightly held that charge Nos.2 & 4 stand fully proved. 4. The appellant contended that the resolution granting permission to conduct liquor bar passed in .{4}. the grampanchayat meeting was subsequently cancelled. However, it is seen that the said resolution came to be cancelled only because the villagers raised hue and cry and protested against the said resolution granting permission to conduct liquor bar. Hence, the fact that the said resolution came to be cancelled later on does not impress us. Both the Divisional Commissioner as well as the Appellate Authority have considered the matter in depth and thereafter come to the conclusion that the appellant does not deserve to be continued on the post of Sarpanch. 5. Even otherwise, it is an admitted fact that another person has been appointed to the post of Sarpanch. We find the order of the learned Single Judge to be just, legal and proper. No interference is called for. Letters Patent Appeal is dismissed. [J.N.PATEL,J.] [J.N.PATEL,J.] [J.N.PATEL,J.] [SMT.V.K.TAHILRAMANI,J.] [SMT.V.K.TAHILRAMANI,J.] [SMT.V.K.TAHILRAMANI,J.]