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Bombay High CourtWP/494/2008disposed of

M/S Fomento Resprt And Hotels Pvt. Ltd. Through Company Secretary I. B. Muchandi v. Village Panchayat Of Taleigao Through Sarpanch And ANR.,

2015-02-25U. V. Bakre2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 494 OF 2008 M/S FOMENTO RESPRT AND HOTELS PVT.

LTD. THROUGH COMPANY SECRETARY I.

B. MUCHANDI ... Petitioner

Versus

VILLAGE PANCHAYAT OF TALEIGAO THROUGH SARPANCH AND ANR., ... Respondents Mr. Sudesh Usgaonkar, Advocate for the petitioner. Mr. H. D. Naik, Advocate for respondent no. 1. Mr. M. Salkar, Government Advocate for respondent no. 2. Mr. Jitendra Supekar, Advocate for the intervenor. Coram:- U. V. BAKRE, J.

Date:- 25th February, 2015 P.C.

By this petition, the petitioner has sought the following reliefs : "a) By a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, quash and set aside the impugned order dated 06/05/2008 passed by the Respondent no.2 in Panchayat Appeal No.67/2007, Exh. 'A' above, to the extent it is held that "the Respondent Panchayat is directed to permit the Appellant a reasonable time of a period of at least six months, to produce the permissions from the North Goa Planning & Development Authority, in respect of the structures where such application has been made to the North Goa Planning & Development Authority, failing which the Respondent Panchayat may initiate necessary action for demolition of the structures for which no permissions are obtained, in accordance with law."

WP/494/2008 b) Allow the Panchayat Appeal No. 67/2007 in toto and pass such other order as this Court deems fit, including the consideration of application for regularization;"

2. Affidavit filed on behalf of the petitioner along with orders dated 22/10/2008 and 18/11/2008 passed by this Court in the present Writ Petition and the said orders dated 24/12/2014 and 17/02/2015 passed by the learned Division Bench in Writ Petition No. 245/2007 along with the copy of the said Writ Petition No. 245/2007 and Miscellaneous Application for modification and correction of the order dated 24/12/2014, is taken on record.

3. It is submitted by the learned Counsel for the parties, upon instructions, that the present petition gets disposed of in view of order dated 24/12/2014, modified by order dated 17/02/2015 passed by the learned Division Bench of this Court in Writ Petition No. 245/2007 as per the minutes of order which the parties have filed today and which have been signed by the learned Counsel for all the parties. The minutes of order are marked 'X' for identification.

4. In view of the above, present writ petition stands disposed of in terms of the said minutes of order.

5. Writ Petition stands disposed of accordingly. U. V. BAKRE, J.

SMA