1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR LETTERS PATENT APPEAL NO.366 OF 2009 (Mahadeo s/o Sheshrao Bhise vs. The Additional Commissioner, Amravati and others) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri D.C.R. Mishra, Advocate for the appellant. Shri S.S. Doifode, Assistant Government Pleader for the respondent nos. 1 and 2. -------- CORAM : S.A.BOBDE AND SMT. VASANTI A. NAIK, JJ. DATED : JANUARY 11, 2010 This appeal is preferred against the order of the learned Single Judge, dated 27.10.2008 by which the learned Single Judge has upheld the order of the appellate Authority under the Bombay Village Panchayats Act by which appellant has been disqualified for being a defaulter in payment of taxes at the time of filing his nomination paper. 2 Shri Mishra, learned Counsel for the appellant, vehemently urged that there are several discrepancies in the evidence led on behalf of opponents in that one person merely filed his affidavit and did not appear and the Authorities have relied on the evidence of Secretary of Gram Panchayat, who has admittedly committed a lapse in some other case. We see no reason to interfere with the order impugned in the letters patent appeal. The learned Single Judge has rightly held that it would not be proper in writ jurisdiction to interfere with the findings of facts based on evidence recorded by the Authorities below. In fact, we find that there is no dispute that Secretary of the Gram Panchayat himself gave evidence and stated that amount of tax has not been credited to the Gram Panchayat and no entry is available in the Cash Book or any other record. It is on this basis, inter alia, that the Authorities have come to the conclusion that on the date the appellant filed his nomination, he had not paid the tax for which notice was issued to him and, therefore, he is 3 disqualified under Section 16 of the Bombay Village Panchayats Act. We find no reason to entertain this letters patent appeal. The letters patent appeal is dismissed. JUDGE JUDGE khj