Dismissed

Eng. Sheldon S. Martins., v. the Secretary, Village Panchayat of Taleigao and 2 Ors.

Bombay HC28 Jan 2019WP/111/2019

Case brief

AI extract

What is this about?

The High Court of Bombay at Goa dismissed a writ petition challenging a suspension of a construction licence, holding that the petitioner had an alternate efficacious remedy under Section 201-A of the Goa Panchayat Raj Act, 1994, and thus the petition was not entertained.

What did the court decide?

Petition not entertained; liberty granted to avail alternate remedies under the Goa Panchayat Raj Act, 1994.

Eng. Sheldon S. Martins., Vs the Secretary… — Municipal and Town Planning | Bombay HC (2019)

¶1

 1 wp111-19-28-01-19

¶2

Santosh

¶3

IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 111 OF 2019

¶4

Eng. Sheldon S. Martins.….... Petitioner.
V/s.
…...
Secretary, V.P. Taleigao and ors. Respondents.

¶5

Mr. Terence Anthony Vaz, Advocate for the Petitioner.

¶6

Ms. Susan Linhares, Additional Govt. Advocate for Respondents No.
2 & 3.

¶7

Coram : M.S. Sonak &
 Prithviraj K. Chavan, JJ.
 Date : 28 January 2019.

¶8

P.C.:

¶9

 The challenge in this Petition is to the suspension order
dated 11 December 2017, made by the Village Panchayat of Taleigao,
suspending the construction licence issued in favour of the Petitioner.

¶10

2. Ms. Linhares, the learned Additional Government Advocate
appearing for Respondents No.2 and 3 points out that as against the
suspension order dated 11 December 2017, the Petitioner has an
alternate and efficacious remedy of instituting an appeal, inter alia,
under Section 201-A of the Goa Panchayat Raj Act, 1994.

¶11

3. The Petitioner does have an alternate and efficacious remedy

¶12

 2 wp111-19-28-01-19

¶13

available to him under the Goa Panchayat Raj Act. Therefore, it will
not be appropriate to entertain the present Petition.

¶14

4.Accordingly, the present Petition is not entertained.
However, liberty is granted to the Petitioner to avail the alternate
remedies available to him under the Goa Panchayat Raj Act, 1994.
In case there is any issue of limitation, the authorities to consider that
the Petitioner was agitating the issue of validity of suspension order
before this Court.

¶15

5.With the aforesaid liberty, the Petition is disposed of.
There shall be no order as to costs.

¶16

6.All concerned to act on the basis of an authenticated
copy of this order.

¶17

(Prithviraj K. Chavan, J.) (M.S. Sonak, J.)

Eng. Sheldon S. Martins., v. the Secretary, Village Panchayat of Taleigao and 2 Ors.

Case brief

What is this about?

What did the court decide?

Eng. Sheldon S. Martins., v. the Secretary, Village Panchayat of Taleigao and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Janaradhan Kokre., Vs State (Collem Police Station) and Anr.

Gurmit Singh., Vs Vasudev T. Hadkonkar and 6 Ors.

State of Goa, Thr. Incharge of Pernem Police Station, Pernem., Vs Sergius Victor Manka and Anr.

Patrick Gabriel Byrne and Anr., Vs Union of India, Ministry of Finances, Govt. of Goa and 2 Ors.

Federation of Rainbow Warriors, Thr. Its Members, Arun v. Madgavkar and Viraj v. Bakre., Vs Directorate of Mines and Geology, Govt. of Goa, Thr. Its Director and 5 Ors.

Mario Cotta Pereira., Vs State of Goa, Thr. Its Chief Secretary and 3 Ors.