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Bombay High CourtWP/287/2024disposed of

Narayan Gadekar v. State Of Goa Thr Its Secretary And 8 ORS

2024-04-02Hon'Ble Shri Justice M. S. Sonak,Hon'Ble Shri Justice Valmiki Menezes2 pages

WP 287 of 2024 Niti

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.287 OF 2024 NARAYAN GADEKAR ... PETITIONER

Versus

STATE OF GOA THR ITS SECRETARY AND 8 ORS ... RESPONDENTS Mr Prasheen Lotlikar, Advocate for the Petitioner. Mr Sapna Mordekar, Additional Government Advocate for Respondent Nos.1,3,4,5,6 and 7 (through VC) . Mr Ganesh Naik, Advocate for Respondent No.2. CORAM:- M. S. SONAK & VALMIKI MENEZES, JJ.

DATED :- 2nd April, 2024 P.C.:

Heard Mr P. Lotlikar for the petitioner, Ms Sapna Mordekar, learned Additional Government Advocate for respondent nos.1,3,4,5,6 and 7 and Mr Ganesh Naik for respondent no.2.

2. The petitioner had complained of inaction on the part of the Panchayat and the Deputy Collector regarding some illegal construction undertaken by respondent nos.8 and 9.

3. Mr G. Naik, learned Counsel for the Panchayat states that a demolition order has already been issued regards the construction put up by respondent nos.8 and 9.

2nd April, 2024

WP 287 of 2024

4. Ms Mordekar states that the Deputy Collector based on petitioner's complaint has already issued show cause notice dated 30.08.2023 to respondent nos.8 and 9. She says that the matter is now posted on 04.04.2024. In the peculiar facts of the present case, we think that the Deputy Collector apart from hearing respondent nos.8 and 9 must also hear the petitioner before disposing of the show cause notice dated 30.08.2023.

5. Accordingly, the petitioner should appear before the Deputy Collector on 04.04.2024 at 10.30 a.m. and, if necessary, file his own version before the Deputy Collector.

6. Ms Mordekar states that the Deputy Collector will dispose of the show cause notice dated 30.08.2023 within four months from today.

7. By accepting the above statement, we dispose of this petition.

8. All concerned to act on an authenticated copy of this order. VALMIKI MENEZES, J.

M. S. SONAK, J.

KISHOR HALDANKAR Date: 2024.04.03 11:08:10 +05'30'

NITI KISHOR HALDANKAR 2nd April, 2024