Sulochana Udaysingh Rane v. The State Of Goa Thr. Chief Secretary And 6 ORS

903 WP 191 OF 2023.ODT Esha

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 191 OF 2023 SULOCHANA UDAYSINGH RANE VS THE STATE OF GOA THR. CHIEF SECRETARY AND 6 ORS.

... PETITIONER ... RESPONDENTS Mr. Ashwin D. Bhobe with Ms. Shaizeen Shaikh and Ms. Annelise Fernandes, Advocates for the Petitioner. Mr. Devidas J. Pangam, Advocate General with Mr. Suhas Parab, Additional Government Advocate for Respondent Nos. 1, 3, 4 and 5.

CORAM:

NITIN JAMDAR, ACTING CJ. & BHARAT P. DESHPANDE, J.

DATED:

14 JULY 2023 P.C.:

1.

Te Petitioner before us is complaining that the show cause notice issued by the Deputy Collector and the notices given by the Petitioner to the Village Panchayat, Deputy Director of Panchayats and Town Planner, have yielded no results. Te Petitioner seeks a writ of mandamus to direct Respondent No. 2 [Village Panchayat] and to the Deputy Collector to dispose of the proceedings.

2.

What we have before us is a failure on the part of the Authorities to proceed as per law. Tis administrative failure 14 July 2023

903 WP 191 OF 2023.ODT needs to be taken note by the superiors of these Respondents and it is their responsibility to ensure that necessary directions on the administrative side are given. We place the responsibility of ensuring that the above mentioned Respondents take the matter to its logical end after following the procedure. We are informed that the Village Panchayat would be under the administrative control of the Director of Panchayats and the Deputy Collector under the Collector, North Goa. By placing the responsibilities on these two Officers to look into the issue, we dispose of the Writ Petition.

3.

If these Officers find that their subordinates' inaction was unjustified, it is open for them to initiate necessary proceedings for administrative indiscipline. Since the private Respondents are not before us, the rights and contentions of all parties are kept open.

4.

Writ Petition is disposed of.

BHARAT P. DESHPANDE, J.

ACTING CHIEF JUSTICE ESHA SAINATH Date: 2023.07.19 18:50:54 +05'30'

VAIGANKAR ESHA SAINATH 14 July 2023