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Bombay High CourtWP/421/2021disposed of

Anthony Dcruz v. The State Of Goa, Thr. The Chief Secretary And 3 ORS

2022-07-12Hon'Ble Shri Justice M. S. Sonak,Hon'Ble Shri Justice R. N. Laddha3 pages

Niti

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.421 OF 2021 MR. ANTHONY D'CRUZ ... PETITIONER

Versus

THE STATE OF GOA, THR.

THE CHIEF SECRETARY AND 3 ORS.

... RESPONDENTS Mr. Kaif Noorani, Advocate under Legal Aid Scheme for the Petitioner.

Mr. Geetesh Shetye, Additional Government Advocate for Respondent Nos.1 & 3.

CORAM:

M. S. SONAK & R.N. LADDHA, JJ.

DATED:

12th JULY 2022 ORAL ORDER :

1.

Heard Mr. K. Noorani, who appears under the Legal Aid Scheme on behalf of the petitioner. Mr. Geetesh Shetye, learned Additional Government Advocate appears for respondent nos.1 & 3.

2.

For the order that we propose to make, service of notice on other respondents may not be necessary.

3.

The petitioner's only grievance is that the respondent no.4's Panchayat appeal is pending before the Director of Panchayats since last 4 years. Mr. Kaif Noorani points out that interim relief has been granted by the Director based on which the respondent no.4 continues to operate a garage. Mr. Noorani submits that the garage is operated through an illegal structure. 4.

At this stage, we do not wish to go into the merits of the allegations made by the petitioner or the defences that the respondent no.4 might have to the same. These are matters which will have to be examined by the Director of Panchayats in the pending appeal expeditiously.

5.

Mr. Geetesh Shetye, on instructions, makes a statement that the respondent no.4's appeal will be disposed of by the Director of Panchayats within 8 weeks from today. We accept this statement and direct the respondent no.3 to act accordingly. 6.

Accordingly, the Director of Panchayat consistent with the statement made on his behalf should dispose of Panchayat appeal No.P.A.No.MAR-II/77/2018 as expeditiously as possible and in any case within 8 weeks from today. The Director should grant opportunity of hearing to both the petitioner as well as respondent no.4.

7.

Mr. Shetye states that an authenticated copy of this order would be communicated to the Director.

8.

All concerned to act on authenticated copy of this order. 9.

We appreciate the services rendered by Mr. Noorani. He shall be paid his fees in terms of the rules. R.N. LADDHA, J.

M. S. SONAK, J.

K HALDANKAR Date: 2022.07.13 10:53:35 +05'30'

NITI K HALDANKAR