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Bombay High CourtWP/1139/2017dismissed

Rajesh Pujari., v. Village Panchayat Of Colvale, Thr. Its Sarpanch And ANR.,

2018-01-05Hon'Ble Shri Justice Prithviraj K. Chavan2 pages

WP no.1139/2017

IN THE HIGH COURT OF BOMBAY AT GOA

Writ Petition No.1139/2017 Rajesh Pujari Petitioner

Versus

Village Panchayat of Colvale and anr. Respondents Mr.Preetam Talaulikar, Advocate for the Petitioner. CORAM : PRITHVIRAJ K.CHAVAN, J.

ORDER RESERVEDE ON : 4/1/2018 ORDER PRONOUNCED ON :5/1/2018.

ORDER:

1.

Heard Mr.Preetam Talaulikar, learned counsel for the petitioner and perused the record.

2.

The Village Panchayat, Colvale, had issued a notice dated 21.5.2014 to the petitioner to demolish the illegal construction in the property bearing Survey No.110/1 at Ghothnicho Val, Mushir Vaddo, as according to the Village Panchayat/respondents, the petitioner had illegally and unauthorisedly constructed a House, Septic tank and Water tank. The said order of demolition was confirmed by the learned Additional Director of Panchayats-I, Panaji Goa on 2nd June, 2016 which was subsequently upheld by the learned District Judge,

WP no.1139/2017 Mapusa in Civil Revision Application No.74/2016 on 4/8/2017. It is the said order, which is the subject matter of challenge, in this writ petition.

3.

Having heard the learned counsel for the petitioner and after perusal of record and the concurrent findings returned by the Courts below, I do not find any case for interference is made by the petitioner. 4.

It is pertinent to note that the petitioner has already preferred an application for regularisation of the subject structure on 11.9.2017. In such circumstances, the petition needs to be dismissed. The Competent Authority shall decide the application for regularisation as expeditiously as possible. It is made clear that this Court has not expressed any opinion on the merits of the regularisation application dated 11.9.2017. The petition is dismissed.

PRITHVIRAJ K.CHAVAN, J.

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