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Bombay High CourtWP/579/2024withdrawn

Akshay Ajay Nawle v. Natividade Jerome Dsouza And 2 ORS.

2024-08-07Hon'Ble Shri Justice Valmiki Menezes2 pages

WP 579 of 2024 vinita

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.579 OF 2024 AKSHAY AJAY NAWLE ... PETITIONER

Versus

NATIVIDADE JEROME DSOUZA AND 2 ORS.

... RESPONDENTS Mr Gauresh Malik, Advocate for the petitioner. CORAM:- BHARAT P. DESHPANDE, J.

DATED :- 7th August, 2024 P.C.

Heard Mr Malik, learned counsel for the petitioner.

2. The legality or otherwise passed by the District Court in CRA No.12/2024 is under challenge.

3. Mr Malik submits that the petitioner is the original complainant/neighbour and on his complaint action was taken by the Block Development Officer(BDO). Subsequently, two orders were passed by the Panchayat on the direction of BDO to demolish the compound wall as well as a structure illegally carried out by respondent no.1. He submits that respondent no.1 has challenged said demolition order before the Deputy Director of Panchayats without joining the petitioner as a party. Accordingly, the petitioner applied for intervention which was allowed.

3. Respondent no.1 then challenged such order before the District 7th August, 2024

WP 579 of 2024 Court in Revision Nos.12/2024 and 13/2024. Both these revisions were allowed and the order of the Deputy Director of Panchayats allowing the petitioner to intervene is quashed and set aside.

4. Issue notice to the respondents returnable on 18.9.2024. Apart from regular service, service by all other modes is permitted. BHARAT P. DESHPANDE, J.

7th August, 2024