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Bombay High CourtWP/417/2025disposed of

Mahavir Jogi Choudhari Alias Mahavir Jogi Chaudhari v. Village Panchayat Camurlim Thr Its Secretary/ Sarpanch, And 2 ORS

2026-04-29Hon'Ble Shri Justice Valmiki Menezes2 pages

33 WP 417 2025 Andreza

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.417 OF 2025 MAHAVIR JOGI CHOUDHARI ALIAS MAHAVIR JOGI CHAUDHARI ... PETITIONER

Versus

VILLAGE PANCHAYAT CAMURLIM THR ITS SECRETARY/ SARPANCH, AND 2 ORS ... RESPONDENTS Mr. Sarvesh Kalangutkar, Advocate for Respondent No. 1. Mr. Ajay Menon, Advocate for Respondent No. 2 (through VC). Mr. Shivdatt P. Munj, Additional Government Advocate for Respondent No.3.

Ms. Maria Simone Correia, Court Commissioner. CORAM:- DR. NEELA GOKHALE, J.

DATED :- 29th April, 2026 P.C.

1. Mr. Kalangutkar, learned Counsel appearing for the Respondent no. 1, states that the Order dated 07.04.2026 now stands complied with. He has tendered an additional affidavit on behalf of the Respondent no. 1, supported by documents. The same is taken on record.

2. It is averred in the affidavit that in terms of the Order dated 07.04.2026, the remaining portion identified by the Court Commissioner was also demolished and removed on 10.04.2026, and the debris is also cleared from the site. The Panchanama and the photographs are also placed on record. The Panchayat also brought a 29th April, 2026

33 WP 417 2025 cheque to be given to the Respondent no. 2 towards the reimbursement of the fees of the Court Commissioner. Mr. Kalangutkar, learned Counsel appearing for the Respondent no. 1, to hand over the cheque to the Counsel appearing for the Respondent no.2 on the next date of hearing i.e. 05.05.2026.

3. After the compliance made by the Village Panchayat was recorded, Mr. Ajay Menon, learned Counsel appearing for the Respondent no. 2, through VC, informed this Court that he has made an application before the Registrar of this Court seeking transfer of this matter to the Division Bench as another matter relating to the same Panchayat is pending before the Division Bench.

4. This is an extremely unusual request. The Counsel has appeared before this Court with this issue for the past three dates. This Court had also appointed a Court Commissioner to ensure compliance of the demolition Order. Mr. Menon further states that the Registry is now to place his request before the Administrative Judge, who will decide as to whether the matter will be placed before the Division Bench.

5. I see no reason to adjourn the present matter. However, as Mr. Menon is not able to communicate to this Court through VC because of some technical disturbance at his side, stand over to 05.05.2026 for further consideration.

DR. NEELA GOKHALE, J.

Signed by: ANDREZA RODRIGUES EPEREIRA Designation: Senior Private Secretary to the Hon'ble Judge Date: 29/04/2026 17:18:44 29th April, 2026