1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 4790 OF 2009. ( Hemprakash N. Kove -: versus :- The Additional Commissioner 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 : NOVEMBER 11, 2009. Heard finally by consent of Shri M.A. Sable, learned Counsel for petitioner, learned A.G.P. for respondent nos. 1 to 3 and Shri V.G. Dhage, learned counsel for respondent no.4. The petitioner has been disqualified for encroachment on government land. Learned counsel for petitioner contends that the order of Naib Tahsildar dated 19.01.2009 holding petitioner to be encroacher has been stayed by the Sub Divisional Officer in a pending appeal. He further states that the said Naib Tahsildar, had obtained signature of petitioner on blank paper and it has been incorrectly mentioned by the said Authority that, petitioner accepted the encroachment. He states that, these facts are disclosed by petitioner on affidavit before the Collector. Learned counsel for respondent no.5 and learned A.G.P. for respondent nos. 1 to 3 supported the impugned order. They point out that such grievance against Naib 2 Tahsildar has not been made before the Sub Divisional Officer in appeal. It is further pointed out that necessary revenue records are produced by these respondents before the Collector and Commissioner and on the basis of the same, a finding of encroachment has been reached. Shri Sable, learned counsel for petitioner stated that the proceedings in appeal before the Sub Divisional Officer should be expedited and present petitioner should be continued as Sarpanch. Shri Dhage, learned counsel for respondent states that charge of petitioner is already taken and up-sarpanch is now functioning as sarpanch. It is not necessary for this Court to go into the disputed question, whether charge is taken up or not taken. The order of Naib Tahsildar dated 19.01.2009 mentions that petitioner accepted to have encroached on 10 x 15 i.e. 150 sq. ft. of government land. The contention of petitioner that, that observation is incorrect and as signature was obtained on blank paper is not supported by any record, and petitioner ought to have made that grievance immediately before the Naib Tahsildar or before the Sub Divisional Officer in appeal. Making of such grievance for the first time in disqualification proceeding cannot save the situation for him. In view of this position, I am not inclined to interfere in the matter at this stage, Writ Petition is therefore, dismissed with no order as to costs. However, the proceedings in appeal before the Sub Divisional officer are expedited and the Sub Divisional Officer to decide the said proceedings as early as possible and in any case by 28.02.2010. 3 Learned counsel for petitioner has stated that if ultimately the petitioner is found to be not encroacher, his post should be restored. Learned counsel for respondent states that if he is found to be not an encroacher, the provisions of law will take their own course and no observations are necessary at this stage. If the petitioner is found to be not an encroacher, it is apparent that his removal for that may be improper, however, no direction in that respect can be given at this stage. JUDGE Rgd.