Athnain Audhut Naik And ANR v. State Of Goa, Thr. The Chief Secretary And 3 ORS

Esha

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION NO. 536 OF 2023 IN PIL WRIT PETITION NO. 29 OF 2023 ATHNAIN AUDHUT NAIK & ANR VS STATE OF GOA, THR. THE CHIEF SECRETARY & 3 ORS.

... APPLICANTS ... RESPONDENTS Mr Athnain Naik, Applicant No. 1 in person.

Mr Devidas J. Pangam, Advocate General with Mr Prashil Arolkar, Additional Government Advocate for Respondent Nos. 1, 2 and 3.

Mr Zeller D'Souza, Advocate for Respondent No. 4.

CORAM:

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

DATED:

6th NOVEMBER 2023 P.C.:

1.

Heard the Applicant Mr Athnain Naik in person, learned Advocate General appearing along with Mr Prashil Arolkar for Respondent Nos. 1 to 3 and Mr Zeller D'Souza for the Village Panchayat of Sancoale [Respondent No. 4].

2.

Tere is no question of issuing directions as prayed for in this Civil Application because such directions were already issued by us in our order dated 04.09.2023.

3.

Mr Athnain Naik placed some photographs on record to show that the issue of stray cattle is very acute. 4.

Accordingly, we grant him liberty to file a complaint before the Director of Panchayats. Te Director of Panchayats should look into such complaint inter alia in the light of the directions issued by us in our order dated 08.08.2023 passed in Miscellaneous Civil Application No. 891 of 2017 in Writ Petition No. 261 of 2004.

5.

Mr Zeller D'Souza points out that even in our order dated 04.09.2023 in paragraph 10, this Court had directed the Director of Panchayats to require the Panchayat of Sancoale to submit at least quarterly reports each year regarding the steps taken by the Panchayat on the issue of stray cattle on roads. 6.

If the Petitioner files a complaint within a week to the Director of Panchayats, the Director of Panchayats should dispose of the complaint within 15 days from the receipt of such complaint. Te Director of Panchayats must hear the petitioner and also the concerned Village Panchayat. Te issue of stray cattle is quite acute and the solution should not be avoided on some procedural wrangle. It is the collective duty of the Panchayat, the Director of Panchayats and also the members of the public to find a proper solution to this issue. As a result of these stray cattle on public roads, there is not only danger to the traffic safety but also to the cattle themselves.

7.

With the above directions and liberty, we dispose of this Civil Application.

BHARAT P. DESHPANDE, J.

M. S. SONAK, J.

VAIGANKAR ESHA SAINATH ESHA SAINATH Date: 2023.11.08 10:28:35 +05'30'