Disposed

Mahadev Ramchandra Vaze v. Sagun Sajro Gaddi @ Ghadi (Since Dec.) and 6 Ors.

Bombay HC7 Oct 2024WP/705/2023

Case brief

AI extract

What is this about?

The High Court of Bombay at Goa dismissed a writ petition seeking a direction to the Panchayat to act on a complaint regarding illegal construction. The Court held that the matter is pending before the Panchayat and directed the Panchayat to issue notices, hear parties, and decide within twelve weeks, noting pending civil proceedings.

What did the court decide?

The Panchayat directed to issue notices to respondents no.1 to 6, hear them, consider orders from pending civil suit, and take decision within twelve weeks.

Mahadev Ramchandra Vaze Vs Sagun Sajro Gaddi @ Ghadi… — Execution and Attachment | Bombay HC (2024)

¶1

906-WP-705-2023.DOC

¶2

2024:BHC-GOA:1699-DB

¶3

Suchitra

¶4

IN THE HIGH COURT OF BOMBAY AT GOA

¶5

WRIT PETITION NO.705/2023

¶6

MAHADEV RAMCHANDRA VAZE … PETITIONER

¶7

Versus

¶8

SAGUN SAJRO GADDI @ GHADI (SINCE DEC.) & 6 ORS.

¶9

… RESPONDENTS

¶10

Mr Prasheen Lotlikar, Advocate for the Petitioner. Mr A. D. Bhobe with Ms A. Fernandes, Advocates for Respondents No.1 to 6.

¶11

CORAM: M. S. KARNIK & VALMIKI MENEZES, JJ.

¶12

DATE: 7^th OCTOBER 2024

¶13

P.C.:

¶14

1. Heard Mr Prasheen Lotlikar for the petitioner and Mr A. D. Bhobe for respondents no.1 to 6. None appeared on behalf of the Panchayat though duly served.

¶15

2. he present petition is iled for a direction to respondent no.7 to act upon the complaint dated 24.04.2023 iled by the petitioner against the illegal construction carried out in the property bearing Survey No.282/0 of Village Latambarcem, Bicholim, North Goa and take the complaint to its logical conclusion.

¶16

3. Mr Bhobe submitted that in view of the pending civil proceedings that are already pending between the parties it was not open for the petitioner to re-agitate the issues which have been decided in the application for temporary injunction. He submitted that the order passed by the Appellate Court set aside the temporary mandatory injunction

¶17

Page 1 of 2 7^th October, 2024

¶18

906-WP-705-2023.DOC

¶19

granted by the Trial Court. Mr Lotlikar submits that iling a civil suit and iling a complaint before the Panchayat are two separate and distinct proceedings altogether and one has nothing to do with the other.

¶20

4. In any case, in our opinion these are matters which can be best left to the Panchayat as the complaint is pending before the Panchayat which needs to be taken to its logical conclusion in accordance with law. Before proceeding to pass any orders, the Panchayat is expected to issue notices to respondents no.1 to 6 and after hearing them and obviously after considering the orders passed in the pending civil suit, the Panchayat will have to take appropriate decision. he Panchayat is directed to take such decision within twelve weeks from today.

¶21

5. With the above direction, the Writ Petition is disposed of. No costs.

¶22

VALMIKI MENEZES, J.

¶23

M. S. KARNIK, J.

¶24

Signed by: SUCHITRA NANDAN SINGBAL Designation: Personal Assistant Date: 08/10/2024 15:06:08

¶25

Page 2 of 2 7^th October, 2024

Mahadev Ramchandra Vaze v. Sagun Sajro Gaddi @ Ghadi (Since Dec.) and 6 Ors.

Case brief

What is this about?

What did the court decide?

Mahadev Ramchandra Vaze v. Sagun Sajro Gaddi @ Ghadi (Since Dec.) and 6 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Jayant Chawla, New Delhi. Vs Union of India through the Joint Secretary and 3 Ors.

Vednanta Ltd. (Formerly Known as Sesa Sterlite Limited/Sesa Goa Limited. Vs the Assistant Commissioner of Income Tax Circle 1(1) and 2 Ors.

Vedanta Ldt. (Formerly Known as Sesa Sterlite Limited/Sesa Goa Limited). Vs the Assistant Commissioner of Income Tax, Circle 1(1) and 2 Ors.

Manisha Gurudas Sawant Vs the Hon'Ble Principal District and Session Court, Panaji and 2 Ors.

Johnson Jose Fernandes and 6 Ors., Vs State of Goa, Thr. Its Chief Secretary and 4 Ors.

Ravi Dattaram Parsekar Vs State of Goa, Thr. Public Prosecutor and 2 Ors.