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2022 Supreme(Bom) 1258

SADHANA S.JADHAV, MANISH PITALE
Vivek G. N. Panvelcar – Appellant
Versus
State Of Goa, Thr. Its Chief Secretary – Respondent


Advocates appeared:
Abhay Nachinolcar, Advocate, Pravin Faldessai, Advocate, P A. Kamat, Advocate

JUDGMENT

1. By this Writ Petition the petitioner is seeking a direction to the respondent Nos.2 to 4 to take action against illegal construction allegedly being carried out by the respondent No.5 in Survey No. 73/2 of Village Taleigao.

2. The grievance of the petitioner is that although, according to him, the respondent No.5 is blatantly violating the terms of the order dated 30/01/2021 whereby the respondent No.4 Panchayat had permitted the respondent No.5 to carry out minor repairs and that illegal construction is being undertaken, no action is forthcoming from the respondent Nos.2 to 4, including the respondent No.4-Village Panchayat.

3. The respondent No.4 Village Panchayat has filed an affidavit of its Secretary stating that it is willing to take inspection of the structure and to take further action in accordance with law. In fact, in paragraphs No. 6 and 7 of the said affidavit, it is stated as follows:

    '6.I say that there house of respondent no. 5 found to be closed while Serving notice and unless petitioner remains present during inspection alongwith the area owned by him, the verification of illegal construction will not be possible. Hence fresh notice of inspection has been

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