15 WP 783 2023 Jose IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.783 OF 2023 CHANDRAHAS SALVO VOLVOIKAR ... PETITIONER Versus THE VILLAGE PANCHAYAT OF MORJIM PERNEM, THR. SARPANCH / SECRETARY ... RESPONDENTS Mr. Amay A. Phadte with Mr. G. Kerkar, Advocates for the Petitioner. Mr. Ganesh Naik, Advocate for the Respondent. CORAM:- DR. NEELA GOKHALE, J. DATED :- 18th March, 2026 P.C.: 1. Mr. Ganesh Naik, learned Counsel appearing for the Respondent, has tendered on record the affidavit in reply filed on behalf of the Respondent Village Panchayat of Morjim. The same is taken on record. 2. By way of the present petition, the Petitioner had sought to quash and set aside the order dated 12th October, 2021, passed by the District Judge-1, Mapusa, in Civil Revision Application No.12/2018, and order dated 21st February, 2017, passed by the Additional Director of Panchayats, North Goa, in Panchayat Appeal No.ADP-II/P.A. 40/2016. Page 1 of 3 18th March, 2026 2026:BHC-GOA:527 15 WP 783 2023 3. By way of the impugned orders, the Petitioner sought to restore his original Miscellaneous Panchayat Appeal No.40/2016. The said Appeal was dismissed for default. He assailed the order of dismissal before the District Court, which passed the impugned order, refusing to restore the said Panchayat Appeal. 4. Heard Mr. Amay Phadte, learned Counsel appearing for the Petitioner and Mr. Ganesh Naik, learned Counsel representing the Panchayat. 5. Mr. Ganesh Naik tendered the affidavit in reply of the Respondent. Referring to the averments in the Reply Affidavit, he says that part of the structure, which was the subject matter of the Panchayat Appeal, is already demolished by PWD - Roads at the time of road widening. Mr. Naik, thus, submits that part of the cause of action has already been rendered infructuous. 6. In view of the averments in the affidavit in reply, Mr. Phadte seeks permission to withdraw the present petition with liberty to file a fresh Panchayat Appeal before the appropriate authority, seeking appropriate reliefs as permissible in law, since the demolition of part of the structure has given rise to a fresh cause of action. 7. Permission to withdraw is granted with the aforesaid liberty. 18th March, 2026 15 WP 783 2023 Petitioner is at liberty to file a fresh Panchayat Appeal pertaining to the fresh cause of action that has arisen because of the demolition of part of the structure, if permissible in law. 8. As such, all contentions of all parties are left open to decide the fresh Panchayat Appeal, if any, filed by the Petitioner on its own merits, without being influenced by the withdrawal of the present petition. 9. Petition is disposed as withdrawn. DR. NEELA GOKHALE, J. 18th March, 2026 Signed by: JOSE FRANCISCO DSOUZA Designation: Personal Assistant Date: 18/03/2026 17:30:45