Chandru Laxman Naik Govekar., v. Deputy Town Planner, Town And Country Planning Department, Panaji And ANR.,

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 1008 OF 2017 CHANDRU LAXMAN NAIK GOVEKAR., ... Petitioner

Versus

DEPUTY TOWN PLANNER, TOWN AND COUNTRY PLANNING DEPARTMENT, PANAJI AND ANR., ... Respondents Mr. Joaquim Godinho, Advocate for the petitioner. Mr.Amogh Prabhudessai, AGA for respondent no.1. Mr. A.D.Bhobe, Advocate for respondent no.2.

Mr. Pravin N. Faldessai, AGA for respondent no.3. Coram:- SHANTANU S. KEMKAR & PRITHVIRAJ K. CHAVAN, JJ.

Date:- 24th January 2018 P.C.

Parties through their counsel. After arguing the matter at length, the learned counsel for the petitioner submits that he will pursue the proceedings under Sections 178 and 66 of Goa Panchayat Raj Act, 1994.It has not been disputed by the learned Additional Government Advocates for respondent nos.1 and 3 and the learned counsel for the respondent no.2 that against the impugned order dated 3.10.2017 (Annexure A), as also Resolution dated 14.9.2017 (Annexure A1), the petitioner has remedy under Sections 170 and 66 of the Goa Panchayat Raj Act.

2. In the circumstances, with liberty to the petitioner to pursue

WP/1008/2017 the said remedy before the Director of Panchayats, we dispose of the petition.

3. We expect the Director of Panchayats shall take appropriate decision in accordance with law, after giving due opportunity to the petitioner as well as respondent no.3 and all concerned, preferably within three months from the date of appearance of the parties.

4. The parties are directed to appear before The Director of Panchayats on 1st February, 2018 at 11.00 a.m.

5. All the contentions of the parties are kept open.

6. The petition is disposed of.

PRITHVIRAJ K. CHAVAN, J.

SHANTANU S. KEMKAR, J.

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