Lina C. Rebello v. State Of Goa, Thr. Chief Secretary And 3 ORS

904-WP-398-23.DOC Santosh

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 398 OF 2023 LINA C. REBELLO .... Petitioner.

Versus

STATE OF GOA, THR. CHIEF SECRETARY AND 3 ORS .... Respondents. Mr Sahil Sardessai, Advocate for the Petitioner. Mr D.J. Pangam, Advocate General with Mr G. Shetye, Addl. Govt. Advocate for Respondent No.1.

Mr V. Bhandanker, Advocate for Respondents No.2 and 3. Mr J.A. Lobo, Advocate for Respondent No.4.

CORAM:

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

DATED :

31st July 2023 P.C.:

1.

Heard Mr Sardessai for the Petitioner. Te learned Advocate General appears along with Mr G. Shetye, Addl. Govt. Advocate for Respondent No.1, Mr Bhandanker appears for Respondents No.2 and 3 and Mr J.A. Lobo appears for Respondent No.4.

2.

Te complaint in this Petition is that the demolition order dated 26th April 2023 was not being executed by the Panchayat. Before filing this Petition, the Petitioner did not bother to find out whether any appeal was filed and any interim relief was obtained. Te Petitioner only issued an undated notice to the Panchayat and immediately rushed to this Court. 31st July 2023

904-WP-398-23.DOC 3.

Now, Mr Lobo, learned Counsel for Respondent No.4 produces evidence that Respondent No.4 has not only preferred an appeal against the demolition order before the Director of Panchayats, but has secured an ex parte stay. 4.

Considering the above development, this Petition is dismissed. Tere shall be no order for costs.

BHARAT P. DESHPANDE, J. M. S. SONAK, J. SANTOSH S MHAMAL Date: 2023.07.31 16:00:28 +05'30'

SANTOSH S MHAMAL 31st July 2023