.

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 petition against the order of the Director.

4. There is no doubt that the Division Bench judgment was rendered in the light of Section 83 of the Village Panchayats Regulation, 1962 which dealt with control of erection of buildings and which reads as follows :

83. Control of erection of buildings.- (1) No person shall erect or re-erect or commence to erect or re-erect within the limits of a village any building without the previous permission of the Panchayat.

(2) Permission shall be presumed to have been granted if the Panchayat fails to communicate its sanction or refusal in respect thereof within two months from the sate of receipt of the application for permission. In case of refusal, the Panchayat shall communicate to the applicant the reasons therefor and an appeal shall lie against any such order of refusal to the Deputy Collector/ Sub-Divisional Officer in charge of the sub-division within a period of thirty days of the date of communication of such refusal.

(3) No person who becomes entitled under sub-section (1) or (2) to proceed with any intended work of erection or re-erection shall commence such work after the expiry of one year from the date on which he first became entitled so to proceed therewith, unless he shall have again become so entitled by a fresh compliance with the provisions of the preceding sub-sections.

(4) Whoever erects or re-erects or commences to erect or re-erect any building without such permission or in any manner contrary to the provisions of sub-section (1) or any bye-law in force, or to any conditions imposed by the Panchayat shall be punished with fine which may extend to fifty rupees; and in the case of a continuing contravention he shall be liable to an additional fine which may extend to five rupees for each day during which such contravention continues after conviction for the first such contravention.

(5) Without prejudice to the penalty prescribed in sub-section (4) the Panchayat may

(a) direct in writing that the erection or re-erection be 1 stopped;

(b) by written notice require such erection or re-erection to be altered or demolished as it may deem necessary within a reasonable time;

and if the requirement under clause (b) is not complied with within the time fixed in the notice. the Panchayat may cause the alteration or demolition to be carried out by its officers and servant and all the expenses incurred by the Panchayat therefore shall be recoverable in the same manner as an amount claimed on account of any tax recoverable as arrears of land revenue under any law for the time being in force in the Union territory.

(6) Nothing contained in this section shall apply to any building which is used or required for public service, or for any public purpose, and is the property of the Government or any Panchayat or Munic