1 Amk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 591 OF 2010 Prabhakar Sonu Pujari .. Petitioner Vs. Amol Tatoba Pujari & Ors. .. Respondents Mr. Shriram S. Kulkarni for the Petitioner. Ms. S. S. Bhende AGP for Respondent Nos. 2, 3 & 5. CORAM : MRS. R. S. DALVI, J. DATE : 28th January, 2010. P.C. 1. The petitioner has been disqualified to stand as a member of the Panchayat under Section 14 (1) (j-3) of the Bombay Village panchayats Act, 1953. Under that sub-section the person who has encroached over government land or public property is disqualified to be a member of the Panchayat. The impugned orders show how the petitioner has encroached upon the government land. The specific encroachment is relied upon against the petitioner. The impugned orders specifically show that Survey No.646 is government land. The encroachment made is by way of a hotel-restaurant which is running on Survey No.646. The licence produced by the petitioner himself shows that it is granted to his 2 elder brother. The petitioner seeks to show that since the licence stands in the name of his brother, he cannot be taken to be an encroacher. In fact the petitioner’s document shows that the hotel which is being run is on government land. The impugned order has considered how the petitioner has taken the premises in the name of his elder brother. 2. The petitioner is required to show how no encroachment is made on the government land or public property. He must positively show that the encroachment alleged is not an encroachment, but is an authorized construction. It is not enough for the petitioner to show that his brother and not he has encroached upon government land. The petition lacks bonafides. Hence, the petition is dismissed. (R. S. DALVI, J.)