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2012 Supreme(SC) 417

SUDHANSU JYOTI MUKHOPADHAYA, G.S.SINGHVI
Village Panchayat, Calangute – Appellant
Versus
Additional Director of Panchayat-II – Respondent


JUDGMENT

G. S. Singhvi, J.

1. Leave granted.

2. Whether a Village Panchayat established under Section 3 of the Goa Panchayat Raj Act, 1994 (for short, ‘the Act’) or any other statutory dispensation existing prior to the enactment of the Act has the locus to file a petition under Article 226 and/or 227 of the Constitution for setting aside an order passed by the designated officer exercising the power of an appellate authority qua the action/decision/resolution of the Village Panchayat is the question which arises for consideration in these appeals filed against order dated 18.08.2010 passed by the learned Single Judge of the Bombay High Court, Goa Bench in Writ Petition Nos. 16 and 312 of 2010.

3. M/s. Kay Jay Constructions Company Pvt. Ltd. (hereinafter described as, ‘the company’) (respondent No.4 in the appeal arising out of SLP (C) No.1758 of 2011) was granted permission by the appellant in 2006 for raising construction on property bearing Survey No. 362/12 and part of Survey No. 362/10 at Porbawado, Calangute, Bardez. The company is said to have illegally constructed a wall and thereby blocked access to the water well situated in Survey No.362/10 and the chapel situated beyond























































































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