4. It is the contention of Mr. Kerkar, learned Counsel for the Applicant that there was sufficient material on record to indicate the existence of cognizable offence so as to enable the learned Special Court to issue process under Section 153. It is contended that funds were collected by popular contribution by gram Panchayat of Sodiem-Siolim, out of which, illegal construction of road was being carried out in the property under Survey Nos. 268/1, 268/2, 273/99 and 273/100 of village Sodiem, Siolim, which properties stood recorded in the name of Custodio Mariano Fernandes and Lina Fernandes, which construction according to the learned Counsel for the Petitioner was without sanction/approval. A report by the BDO dated 25.05.2010 is the basis for such claim, which states that during the site inspection on 30.04.2010 at 4:30 p.m., it was observed that the compound wall had been constructed within the road widening area and the retaining wall had been constructed on the nallah side in Survey Nos. 268/1, 273/99 and 273/100, of which, measurement had been taken and panchanama was drawn.
