Shri. Vishwajit P. Rane. v. State Thr. Its Chief Secretary And 6 ORS.

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 622 OF 2016 SHRI. VISHWAJIT P. RANE.

... Petitioner

Versus

STATE THR. ITS CHIEF SECRETARY AND 6 ORS.

... Respondents Shri Galileo Francisco Teles, Advocate for the petitioner. Shri S. D. Lotlikar, Advocate General with Shri S. Dhargalkar, Addl. Govt. Advocate for the respondent nos.1,4,5 and 6. Coram:- F. M. REIS & NUTAN D. SARDESSAI, JJ.

Date:- 4th July, 2016 P.C.

At the request of Shri G. Teles, learned Counsel appearing for the petitioner leave to amend to delete the respondent nos.2 and 4 in prayer clause(a) in the above petition. Leave granted. Amendment to be carried out forthwith.

2. Upon hearing the learned Counsel appearing for the respective parties in the above petition the only grievance of the petitioner is the alleged inaction on the part of the respondent no.5 in issuing notice to assume powers under the Panchayat Raj Act in connection with the structure allegedly being put up by the respondent no.3.

3. Shri S. D. Lotlikar, learned Advocate General has pointed out that the respondent no.5 shall proceed to take action in terms of the Panchayat Raj Act in respect of the subject construction in accordance with law. It is further pointed out that an application for

WP/622/2016 regularisation is also pending before the concerned Authority as it is revealed from the record in the above petition.

4. Without going into the rival contentions as the respondent no.5 intends in issuing notice to assume powers in terms of the Panchayat Raj Act with regard to the said structure within two weeks, we find that nothing further survives in the above petition at this stage. Accepting the statement of the learned Advocate General with that regard, we disposed off the above petition.

5. All the contentions of both the parties including the private party are left open.

6. Liberty to the parties to apply.

NUTAN D. SARDESSAI, J.

F. M. REIS, J.

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