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Bombay High CourtMCA/693/2018disposed of

The Village Panchayat Of Seraulim, Thr. Its Secretary, Priscilla Niasso., v. The Assistant Engineer-Iii, Sub Div.-Iii, Works Division-Xiv, Pwd, Margao And 2 ORS.,

2019-03-25Hon'Ble Shri Justice R. D. Dhanuka,Hon'Ble Kum. Justice Nutan D. Sardessai2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 693 OF 2018 IN SUO MOTU WRIT PETITION NO. 2 OF 2007 THE VILLAGE PANCHAYAT OF SERAULIM, THR. ITS SECRETARY, PRISCILLA NIASSO., ... Applicant

Versus

THE ASSISTANT ENGINEER-III, SUB DIV.-III, WORKS DIVISION-XIV, PWD, MARGAO AND 2 ORS., ... Respondents Mr. Nigel Da Costa Frias and Ms. Laxmi Sawant, Advocates for the Applicant.

Mr. Dattaprasad Lawande, Advocate General with Mr. A. Jamadar, Additional Government Advocate for the Respondents. Coram:- R. D. DHANUKA & NUTAN D. SARDESSAI, JJ.

Date:- 25th March 2019 P.C.:

The learned Counsel appearing for the Village Panchayat of Seraulim states that the two sites identified by the Applicant for the purpose of dumping construction debris, are not accepted by the Government on the ground that both these sites pointed out by the Applicant are not within the jurisdiction of the Panchayat.

2. Learned Counsel for the Applicant states that he may be permitted to withdraw the Misc. Civil Application No. 693/2018

MCA/693/2018 with liberty to file fresh Misc. Civil Application for appropriate orders. Learned Counsel further states that his client has not obstructed the P.W.D. from using the site for the purpose of dumping construction debris, and would not obstruct till the sites proposed by the Applicant (Panchayat) are approved by the State Government or until further orders of this Court. This statement is accepted.

3. The Misc. Civil Application is disposed of in the aforesaid terms with liberty to file fresh application. NUTAN D. SARDESSAI, J.

R. D. DHANUKA, J.

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