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2010 Supreme(Bom) 1165

N.A.BRITTO
Village Panchayat of Sancoale, Mormugao – Appellant
Versus
M-Tech Developers Ltd. – Respondent


Advocates:
Advocate Appeared:
Mr. J. Godinho, Advocate for the petitioners
Mr. S.G. Dessai, Senior Advocate with Mr. A. Gaonkar, Advocate for the respondent-In W.P. No. 405/09-Mr. D. Pangam. Advocate for the petitioner
Mr. A.D. Bhobe, Advocate for the respondent No.1
Mr. S. Bandodkar, Additional Government Advocate for respondent No.2-In W.P. No. 620/09.

JUDGMENT

N.A. Britto, J.-These writ petitions are filed by the Village. Panchayats and are directed against orders passed by the Additional Director of Village Panchayats in appeals filed under sub-section (7) of Section 66 of the Goa Panchayat Raj Act, 1994 (Act. for short).

2. The private respondents in whose favour the orders have been passed by the Additional Director of Village Panchayats have taken a preliminary objection as regards the maintainability of these Writ Petitions at the behest of the Village Panchayats. and the same is being disposed off by this judgment.

3. The objectors have placed reliance on a Division Bench judgment of this Court in the case of Village Panchayat of Velim v. Shri, Valentine S.K.F. Rebello and Anr. 1990 (1) GLT 70 in support of their objection while the petitioners have placed reliance on a judgment of a learned Single Judge of this Court in the case of Village Panchayat of Calangute v. The Deputy Director of Panchayats. 2004 (2) GLR 497 and also on sub-section (7) of Section 66 of the Act as well as the explanation below it which according to the petitioners specifically provides for filing an appeal to the Director and by implication, a writ pe




















































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