Disposed

Theresa D'Mello., v. Deputy Director of Panchayats, Margao and 3 Ors.

Bombay HC2 Mar 2020WP/148/2020

Case brief

AI extract

What is this about?

This is a writ petition where the petitioner complained of inaction by the Panchayat regarding construction. The Court directed the Deputy Director of Panchayats to dispose of the pending matter within four months, affirming the principles of natural justice, and dispensed with issuing notice to other respondents.

What did the court decide?

Directed the Deputy Director of Panchayats to dispose of pending proceedings within four months; liberty granted to serve order on petitioner.

Theresa D'Mello., Vs Deputy Director of Panchayats… — Landlord and Tenant | Bombay HC (2020)

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1 wp148-20dt.02-03-20

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 Santosh

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IN THE HIGH COURT OF BOMBAY AT GOA

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WRIT PETITION NO.148 OF 2020

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Theresa D'Mello.

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 ….. Petitioner.

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 Versus

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Deputy Director of Panchayats,
 and others. ….. Respondents.

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Mr. Anthony Joe D'Silva, Advocate for the Petitioner.

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Mr. Sagar Dhargalkar, Additional Govt. Advocate for Respondents
No. 1 & 2.

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Coram : M.S. Sonak &

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Smt. M.S. Jawalkar, JJ. Date : 2nd March, 2020.

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P.C. :-

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Heard Mr. Anthony D'Silva for the Petitioner and Mr.
Sagar Dhargalkar, learned Additional Government Advocate for
Respondents No.1 and 2.

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2.For the order which we propose to make, no notice is
necessary to Respondents No.3 and 4.

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3.The Petitioner points out that he has filed complaints to
Respondent No.3-Panchayat against the construction undertaken by
Respondent No.4. Since the Panchayat took no action in the matter,
the Petitioner approached the Deputy Director of Panchayats to

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assume the powers of the Panchayat. The Deputy Director of
Panchayats called upon the Block Development Officer (BDO) to
submit a report. The BDO has submitted the report. Despite of all
these Petitioner's complaints, the Deputy Director is not proceeding
with the matter by assuming the powers of the Panchayat.

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4.According to us, since the matter is pending before the
Deputy Director of Panchayats, we can direct the Deputy Director of
Panchayats to dispose of the pending matter, on its own merits and in
accordance with law, as expeditiously as possible and, in any case,
within a period of four months from the date of production of an
authenticated copy of this order. The Deputy Director of Panchayats,
no doubt, will have to comply with the principles of natural justice
and fair play which will mean, inter alia, afford of an opportunity of
hearing not only to the Petitioner, but also to Respondents No.3 and
4. Since we clarify this issue, we do not feel that it is necessary to
issue any notice to Respondents No.3 and 4 in this matter.

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5.Accordingly, the Deputy Director of Panchayats is directed
to dispose of the pending proceedings before him as expeditiously as
possible, and in any case, within a period of four months from the
date of production of an authenticated copy of this order.

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6.The Petitioner is granted liberty to produce an
authenticated copy of this order before the Deputy Director of

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Panchayats on 11th March, 2020 at 10.30 a.m. under a cover of an
application.

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7.This Petition is disposed of in the aforesaid terms. There
shall be no order as to costs.

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

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 Smt. M.S. Jawalkar, J. M.S. Sonak, J.

Theresa D'Mello., v. Deputy Director of Panchayats, Margao and 3 Ors.

Case brief

What is this about?

What did the court decide?

Theresa D'Mello., v. Deputy Director of Panchayats, Margao and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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