JUDGMENT

MANISH PITALE,J. - An interesting question arises in the present petition in respect of jurisdiction of the Court of District Judge at South Goa for entertaining revision application filed by the petitioner under Sec. 201-B of the Goa Panchayat Raj Act, 1994 (Act of 1994, for short). By the impugned judgment and order, the said Court at South Goa has held that it does not have jurisdiction to entertain the revision application and accordingly, the revision application filed by the petitioner has been returned, for filing before the Court of competent jurisdiction. The present petition invokes the concepts of Revenue District and Judicial District, while debating the question of jurisdiction for entertaining revision applications under Sec. 201-B of the aforesaid Act of 1994.

2. The petitioner herein received a notice dtd. 01/11/2017 issued by respondent No. 1 Village Panchayat of Queula, Taluka Ponda, under Sec. 66 (4) of the Act of 1994 for demolition of alleged illegal structures put up by the petitioner. Aggrieved by the aforesaid notice, the petitioner filed an appeal before the Director of Panchayats - II under Sec. 66(7) of the Act of 1994, claiming that the notice was unsustainable and it deserved to be quashed. By Order dtd. 04/11/2020, the Additional Director of Panchayats-II (South Goa) dismissed the appeal filed by the petitioner and directed him to demolish the alleged illegal structures identified by respondent no. 1-Village Panchayat within a period of 30 days, failing which the Village Panchayat would initiate action for demolition.

3. The petitioner filed Civil Revision Application No. 37 of 2020 before the District and Sessions Court at South Goa to challenge the order passed by the Additional Director. A preliminary objection was raised on behalf of the respondents as regards maintainability of the revision application before the District Court at South Goa, on the ground that in terms of Sec. 201-B of the Act of 1994, since the subject matter of the dispute in the present case was within the jurisdiction of District Court of North Goa, the revision deserved to be dismissed for the want of jurisdiction.

4. By judgment and order dtd. 03/03/2021, the Court of District and Sessions Judge South Goa held that it did not have jurisdiction to entertain the revision application and accordingly, returned the application of the petitioner for filing before the Court of competent jurisdiction. Aggrieved by the same, the present petition was filed, wherein this Court issued notice on 09/03/2021 and granted interim stay.

5. Mr. J.E. Coelho Pereira, learned Senior Counsel appearing for the petitioner submitted that the subject matter of dispute in the present case was located in village Queula, Taluka Ponda, which is in the revenue district of South Goa. By inviting attention to Notifications published in the Government Gazette, it was brought to the notice of this Court that while initially the Taluka of Ponda was covered in the revenue district of South Goa, it was later shifted to the revenue district of North Goa as per Notification dtd. 17/03/2011. But, by a later Notification dtd. 22/01/2015, the Taluka of Ponda was brought back within the jurisdiction of the revenue district of South Goa. The learned Senior Counsel also placed emphasis on information provided under the Right to Information Act, 2005, by the Superintendent of the Directorate of Panchayats, wherein it was specifically stated that appeals and proceedings under the Panchayat Raj Act arising out of orders passed by the Panchayats in Taluka Ponda lay within the jurisdiction of the District of South Goa. It was further emphasized that in the present case, the appeal filed by the petitioner under Sec. 66(7) of the Act of 1994, was entertained and dismissed by the Additional Director of Panchayats-II, South Goa, further indicating that the subject matter of dispute was within the jurisdiction of South Goa. On this basis, it was submitted that the Cou