Bombay High CourtWP/609/2017disposed of

Village Panchayat Calangute, Thr. Its Secretary/Sarpanch And ANR., v. Director Of Panchayat And ANR.,

2018-01-17Hon'Ble Shri Justice Shantanu S. Kemkar,Hon'Ble Kum. Justice Nutan D. Sardessai2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 609 OF 2017 VILLAGE PANCHAYAT CALANGUTE, THR.

ITS SECRETARY/SARPANCH AND ANR., ... Petitioners

Versus

DIRECTOR OF PANCHAYAT AND ANR., ... Respondents Mr. Nikhil Pai, Advocate for the Petitioners. Ms. Amira Abdul Razaq, Government Advocate for Respondent Nos.1 & 2.

Coram:- SHANTANU S. KEMKAR & NUTAN D. SARDESSAI, JJ.

Date:- 17th January 2018 P.C.:

Heard learned Counsel for the parties.

2. The prayer in this petition is to direct the respondents to pay the balance amount of grant in lieu of Octroi at the rate of 2% out of total sale amount calculated at Rs.2,84,93,465/- payable for the financial years 2012-13, 2013-14, 2014-15 with reasonable interest.

3. On 5th December 2017 this Court has passed following Order:

" Considering that the Petitioners are the Village Panchayat, a public body making grievance against the State, it would be appropriate if the dispute is attempted to be resolved by a Senior Officer of the State. To enable the petitioners as well as the

WP/609/2017 learned Government Advocate to take instructions in that regard, stand over to 13 December 2017."

4. On instructions, the learned Counsel appearing for the parties submit that the dispute raised by the petitioners can be redressed by the Secretary, Directorate of Panchayat and State of Goa.

5. Keeping in view the aforesaid, we dispose of this petition with liberty to the petitioners to submit a detailed representation with supporting documents before the Secretary of Directorate of Panchayat within two weeks from today. On receipt of this representation the Secretary of Panchayat shall give reasonable opportunity of hearing to the petitioners and shall take appropriate decision in regard to the reliefs claimed by the petitioners in this petition and the representation as may be made. The decision be taken, as expeditiously as possible but not later than four months from the date of receipt of the representation.

6. Petition is disposed of.

NUTAN D. SARDESSAI, J.

SHANTANU S. KEMKAR, J.