Elizabeth Fernandes v. Basilo Pires

30 CP-11-2022.doc Jose

IN THE HIGH COURT OF BOMBAY AT GOA

CONTEMPT PETITION NO.11 OF 2022 IN WRIT PETITION NO.277 OF 2021 ELIZABETH FERNANDES ... Petitioner

Versus

BASILO PIRES ... Respondent Mr. B. Sardessai with Mr. Abhishek Sawant, Advocates for the Petitioner.

Mr. Ashwin Dalvi, Advocate h/f Mr. G. Teles, Advocate for the Respondent.

CORAM:

M.S. SONAK & R.N. LADDHA, JJ.

DATED:

23rd August, 2022 P.C.:

1.

The Respondent Basilio Pires, Secretary of the Village Panchayat has filed an affidavit before us tendering unconditional apology for delay in disposing of the Petitioner's complaint and taking the same to its logical conclusion.

2.

The affidavit, however, states that the Panchayat caused a site inspection, considered the replies and finally in its meeting held on 23rd August 2022

30 CP-11-2022.doc 17.03.2022, concluded that there was no illegal construction. The showcause notice was accordingly discharged. 3.

Mr. Sardessai, learned Counsel for the Petitioner, submits that the above does not amount to compliance. He submits that some documents were fabricated to exonerate the party, who had put up the illegal construction.

4.

We are afraid we cannot go into the above issues while deciding the contempt petition. If the Petitioner has any grievance about the Panchayat's decision dated 17.03.2022, then, it is for the Petitioner to challenge the same in accord with law.

5.

Now that the Secretary has tendered an unconditional apology for the delay and the complaint has been taken to its logical conclusion, we do not think that we should continue with this contempt petition. 6.

Accordingly, the contempt petition is disposed of. R.N. LADDHA, J.

M.S. SONAK, J.

JOSE FRANCISCO DSOUZA FRANCISCO DSOUZA Date: 2022.08.24 10:07:18 +05'30'

23rd August 2022