ADVINO FERNANDES AND ANR v. STATE OF GOA THR ITS CHIEF SECRETARY AND 3 ORS
PILWP/18/2024 · 2025-03-11
Shri M S Sonak
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 35150 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35150 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
35-pilwp-18-2024.doc Maria S.
IN THE HIGH COURT OF BOMBAY AT GOA PUBLIC INTEREST LITIGATION WRIT PETITION NO.18 OF 2024 Advino Fernandes and Anr. … Petitioner Versus State of Goa, Thr. Its Chief Secretary & 3 Ors. …Respondents Mr. Hanumant D. Naik, Advocate for the Petitioner. Mr. Suhas Parab, Additional Government Advocate for the Respondents no. 1 and 2. Mr. Pranay Kamat, Advocate for the Respondent no. 3. Mr. Shivan Desai, Advocate with Ms Maria Cota Viegas, Advocate for the Respondent no. 4.
CORAM:
ALOK ARADHE, CJ. & M. S. SONAK, J. DATE: 11th March, 2025
1. With consent heard finally.
2. In this Writ Petition, the Petitioner inter alia seeks a writ of mandamus to Respondent No.2 to take a decision on the Show Cause Notice dated 12.12.2023 issued to Respondent No.4, in a time bound manner.
3. When the matter was called today, learned Counsel for the Petitioner submitted that in pursuance of the Show Cause Notice dated 12.12.2023 an order of demolition of swimming pool has been passed on 26.04.2024 against which the Respondent No.4 has filed an appeal 11th March 2025 2025:BHC-GOA:395-DB
35-pilwp-18-2024.doc before the Additional Director of Panchayat which is pending
consideration.
4.
Learned Counsel for the Petitioner has invited our attention to the notice dated 07.10.2024 issued by the Village Panchayat of Reis Magos vide which an inspection of the site was scheduled on
18.10.2024. Learned Counsel for the Petitioner submitted that despite the aforesaid notice, the inspection has not been conducted so far and the Writ Petition be disposed of with directions to the Village Panchayat to carry out the inspection in pursuance of the aforesaid notice and to proceed with the matter. Learned Counsel for Respondent has not opposed the aforesaid submissions on behalf of the Petitioners.
5. In view of the submission and by taking into account the susbequent events that have taken place subsequently during the pendency of the Writ Petition, the Petition is disposed of with direction to the Village Panchayat to respondent No.3 to carry out the site inspection as expeditiously as possible. Needless to state that thereafter the Village Panchayat shall proceed to take action against Respondent No.4 in accordance with law in case occasion so arises. It is made clear that this Court has not expressed any opinion on merits of the matter.
6. Accordingly, this Petition is disposed of.
M. S. SONAK, J.
CHIEF JUSTICE 11th March 2025 Signed by: MARIA SUZANA REBELLO Designation: Personal Assistant Date: 12/03/2025 10:00:35