- 1 - 7-wp-9081-2011 srj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9081 OF 2011 Raju A. Shinde & Others .. Petitioners. V/s. Sunil B. Kamble & Others .. Respondents. Mr. S.S. Patwardhan, for the Petitioners. Mr. Jayant Bardeskar, for Respondent No.1. Ms. P. S. Cardozo, AGP for Respondent Nos.3 and 4. CORAM: G.S.GODBOLE,J. DATE : 17th DECEMBER, 2011. P.C:­ 1 RULE. By consent, Rule made returnable forthwith. 2 The learned AGP waives service on behalf of Respondent Nos. 3 and 4. Mr. Bardeskar waives service on behalf of Respondent No.1. In view of the order which is proposed to be passed, service of rule on Respondent No.2 is dispensed with. 3 In the proceeding under Section 14 (j­iii) r/w Section 16 of the Bombay Village Panchayat Act, 1958, all the Petitioners have been disqualified on the ground that they have made encroachments on the - 2 - 7-wp-9081-2011 government land. The Petitioners had submitted an application for appointment of Court Commissioner which was not considered. It was also the contention of the Petitioners that Form 1­E which has been relied upon, is only a draft Registrar which has not attained finality. The Petitioners also challenged the correctness of the report of Tahsildar. 4 Considering the nature of controversy and the orders which are impugned, by consent of the Advocate for the Petitioners and Respondent Nos.1,3 and 4 who have agreed for a remand of the entire case to the Collector, this Petition is being disposed off by this consent order. 5 Consequently, the impugned Judgment and Order dated 26th April, 2011 passed by the Additional Collector, Kolhapur in G.P.D. Application No.2 of 2011 as also the impugned Judgment and Order dated 30th September, 2011 passed by the Additional Commissioner, Pune Division, Pune in G.P. Appeal No.43 of 2011 are quashed and set aside. The Proceeding are remitted back to the Additional Collector, Kolhapur. The Additional Collector is directed to re­hear the parties and consider the request of the Petitioners for appointment of competent Government Officer as a Court Commissioner to find out the actual location of the structures which are claimed to be structures of the Petitioner. Report of the Tahsildar which has been relied upon shall be made available to them - 3 - 7-wp-9081-2011 and they will be entitled to controvert the correctness or otherwise of the contents of the said report. All contentions of both the parties including the contention of the Petitioners regarding their individual liability are also kept open for being agitated before the Additional Collector. That exercise shall be completed expeditiously and in any case, on or before 31st March, 2012 after giving full opportunity of hearing to the concerned parties. It is needless to state Respondent No.1 shall also be heard. 6 Rule made absolute in the aforesaid terms with no order as to costs. (G.S.GODBOLE,J.)