Kashinath R. Kerkar v. The State Of Goa Thr. Chief Secretary And 5 ORS

2025:BHC-GOA:909-DB WP 437 of 2023 vinita

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.437 OF 2023 KASHINATH R. KERKAR ... PETITIONER

Versus

THE STATE OF GOA THR. CHIEF SECRETARY AND 5 ORS ... RESPONDENTS Mr Chirag Angle, Advocate for the Petitioner. Mr Ganesh Naik, Advocate for Respondent No.2. Mr Suhas Parab, Addl. Govt. Advocate for respondent nos. 1,3,4 and 5.

Mr L. Raghunandan, Advocate for Respondent No.6. CORAM:- BHARATI DANGRE & NIVEDITA P. MEHTA, JJ.

DATED :- 9th June, 2025 P.C.

In the petition that has been pending since 2023, there is further development.

2. The Deputy Director of Panchayats, North, Panaji Goa on 9.6.2025 has issued a show cause notice to Shamsunder Vishwanath Kerkar resident of Bhagwada, Morjim, Pernem, Goa, to show cause within one month from the date of receipt of the notice, as to why the Authority should not assume the powers of the Panchayat under Section 66(5) of the Goa Panchayat Raj Act, 1994 to take action against the illegal structure surveyed under Survey No 97/2. Village Morjum, Taluka Pernem. This show cause is issued with reference to 9th June, 2025

WP 437 of 2023 the complaint lodged by Kashinath Kerkar stating that despite a complaint dated 17.11.2020 made to the Village Panchayat Morjim, no action has been taken.

3. Notice dated 9.6.2025 indicates that in case of failure to comply with the directions within the stipulated time limit, necessary action will be initiated by this Authority as empowered under the Goa Panchayat Raj Act, 1994.

4. In the wake of the notice dated 9.6.2025 issued by the Deputy Director of Panchayats which we expect to be taken to its logical conclusion, the learned counsel for the petitioner seeks withdrawal of the petition with liberty to take further action including filing of any proceedings before this Court, if no effect is given to the show cause notice.

5. Writ Petition is disposed of.

NIVEDITA P. MEHTA, J.

BHARATI DANGRE, J.

Signed by: VINITA VIKAS NAIK Designation: Personal Assistant Date: 10/06/2025 19:07:24 9th June, 2025