1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 3575/2010. Pandurang Laxmanrao Lavale -: VERSUS :- The Election Officer/Tahsildar and others. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : AUGUST 02, 2010. Heard Shri P.S. Patil, learned counsel for petitioner, Shri Anand Deshpande, learned counsel for caveator who is not joined as party and learned A.G.P. for respondent no.1. Shri Patil, learned Counsel states that petitioner has been held to be encroacher behind his back, though the alleged encroachment was removed by the Gram Panchayat in the year 2007 itself. He further states that certificate that petitioner is encroacher is issued by the terminated peon of the Gram Panchayat. According to him person objecting to his nomination has given affidavit that he has not filed any such objection. He further states that the Gram Panchayat has practice of mentioning the encroachment or otherwise on tax receipt itself, and in tax receipt of petitioner no encroachment is shown. 2 Shri Deshpande, learned Counsel states that the caveator has raised objection that petitioner is encroacher. He denies that caveator has given any affidavit to petitioner about absence of such objection. Learned A.G.P. for respondent no.1 has urged that the question is of encroachment and therefore a disputed question of fact. The elections are scheduled on 08.08.2010, even if there is some substance in the contention of Shri Patil, that objection is decided behind his back. I find that certain disputed question do arise in the matter. Hence with liberty to present petitioner to approach the competent forum in election petition, present Writ Petition is not entertained and is disposed of. No costs. JUDGE Rgd.