Viola Silveira v. State Of Goa, Thr Its Chief Secretary And 3 ORS

903 WP 416 OF 2023.ODT Esha

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 416 OF 2023 ... PETITIONER VIOLA SILVEIRA VS STATE OF GOA, THR. ITS CHIEF SECRETARY AND 3 ORS.

... RESPONDENTS Mr Sahil Sardesai, Advocate for the Petitioner. Ms Sapna Mordekar, Additional Government Advocate for Respondent No. 1.

Mr Y. Kotkar, Advocate for Respondent Nos. 2 and 3.

CORAM:

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

DATED:

1st AUGUST 2023 P.C.:

1.

Heard Mr Sardesai for the Petitioner, Ms Sapna Mordekar, learned Additional Government Advocate for Respondent No. 1 and Mr Kotkar appearing for Respondent Nos. 2 and 3. 2.

Mr Sardesai stated that Respondent No. 4 is duly served and an affidavit of service will be filed by tomorrow. 3.

Te grievance of the Petitioner is inaction on the part of Village Panchayat of Azossim, Mandur.

1st August 2023

903 WP 416 OF 2023.ODT 4.

Mr Kotkar, learned Counsel for the Panchayat, on instructions, states that a stop work order was issued based on the Petitioner's complaint and now, even a show cause notice has been issued. He states that the Sarpanch and the Secretary have ensured that no further construction is undertaken by Respondent No. 4, given the stop work order dated 20.06.2023. Mr Kotkar stated that a show cause notice issued today will be disposed of in accordance with law and on its own merits within one month from today.

5.

By accepting the above statement and directing the Panchayat to dispose of its show cause notice within one month, we dispose of this Petition. Te Panchayat will have to comply with principles of natural justice and in peculiar facts of the present case, an opportunity of hearing be granted not only to Respondent No. 4 but also to the Petitioner. Te Panchayat should communicate its decision to both parties within one month from today. Te stop work order will operate until such communication.

6.

Te Petition is disposed of without any order as to costs. 7.

All concerned to act on an authenticated copy of this Order.

BHARAT P. DESHPANDE, J.

M. S. SONAK, J.

VAIGANKAR ESHA SAINATH Date: 2023.08.01 18:27:56 +05'30'

VAIGANKAR ESHA SAINATH 1st August 2023