Helen Pinto E Andrade @ Helen Lily Andrade v. State Of Goa Thr. Chief Secretary And 4 ORS

5-WP-460-2022.DOC Niti

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.460 OF 2022 HELEN PINTO E ANDRADE @ HELEN LILY ANDRADE ... PETITIONER

Versus

STATE OF GOA THR.

CHIEF SECRETARY AND 4 ORS.

... RESPONDENTS Mr. Rohit Bras De Sa, Advocate for the Petitioner. Mr. D. Pangam, Advocate General with Mr. S. Priolkar, Additional Government Advocate for Respondent Nos.1 & 2.

CORAM:

M. S. SONAK & BHARAT P. DESHPANDE, JJ.

DATE :

14th FEBRUARY 2023 P.C.:

1.

Heard Mr. Rohit Bras De Sa for the petitioner and learned Advocate General, who appears along with Mr. S. Priolkar for respondent nos.1 & 2.

2.

The challenge in this petition is to the judgment and order dated 18.01.2022 passed by the Additional Director of Panchayats under the Panchayat Raj Act, 1994. The learned Advocate General points out that the petitioner has an alternate and efficacious remedy 14th February 2023

5-WP-460-2022.DOC under Section 201-B of the said Act to challenge the Additional Director's impugned order. On perusing the provisions of Section 201-B and considering the grounds raised in this petition, we think that the petitioner should avail of the alternate remedy instead of directly instituting this petition.

3.

Mr. Rohit Bras De Sa, the learned Counsel for the petitioner, on instructions, states that the petitioner will institute revision petition before the concerned District Court within maximum ten days from today. If such revision petition is indeed instituted within ten days from today, then, the concerned District Court/Revisional Authority will take into account the fact that the petitioner, based on advise, was pursuing the matter before this Court. This petition was instituted on 11.02.2022 and was pending till date. Accordingly, due credence will be given to this fact.

4.

This petition is accordingly disposed of by granting the petitioner liberty to avail of the alternate remedy under the Panchayat Raj Act. All contentions on merits or otherwise are expressly left open for consideration by the revisional authority. There shall be no order for costs. Further, all concerned to act on an authenticated copy of this order.

BHARAT P. DESHPANDE, J.

M. S. SONAK, J.

NITI K HALDANKAR Date: 2023.02.14 18:08:26 +05'30'

14th February 2023