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Bombay High CourtWP/310/2019disposed of

Merces Manch Welfare Association, Thr. Its President, Sudesh Kalangutkar., v. The Chief Secretary, Govt. Of Goa And 3 ORS.,

2019-04-24Hon'Ble Shri Justice R. D. Dhanuka,Hon'Ble Shri Justice Prithviraj K. Chavan2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 310 OF 2019 MERCES MANCH WELFARE ASSOCIATION, THR. ITS PRESIDENT, SUDESH KALANGUTKAR., ... Petitioner

Versus

THE CHIEF SECRETARY, GOVT. OF GOA AND 3 ORS., ... Respondents Mr. Prashant Vengurlekar, Advocate for the Petitioner. Mr. A. Jamadar, Addl. Government Advocate for Respondent Nos. 1 and 2.

Mr. A. D. Bhobe, Advocate for Respondent No.3. Mr. Shivan Desai, Advocate for Respondent No.4. Coram:- R. D. DHANUKA & PRITHVIRAJ K. CHAVAN, JJ.

Date:- 24th April 2019 P.C.

By this petition filed under Article 226 of the Constitution of India, the Petitioner seeks direction against the Respondent No.3 to abide the Memorandum dated 05.09.2018 from the office of the Deputy Director of Panchayats and Memorandum dated 26.11.2018 and further direction to revoke the construction licence dated 16.03.2016 and to demolish the illegal construction.

2. A perusal of the Memorandum dated 05.09.2018 issued by the Deputy Director of Panchayats indicates that the said

WP/310/2019 Memorandum was issued to the Block Development Officer of Tiswadi to submit the compliance report. Copy of the said Memorandum was caused to the President of Merces Manch Welfare Association. The Block Development Officer is not a party to this petition. No relief is also sought against the Block Development Officer in respect of such Memorandum issued on 05.09.2018. No relief thus as claimed in the petition can be granted.

3. The writ petition is accordingly dismissed with liberty to file appropriate proceedings against the concerned parties. No order as to costs.

PRITHVIRAJ K. CHAVAN, J.

R. D. DHANUKA, J.

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