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M. S. SONAK, BHARAT P. DESHPANDE
Gurudas Vattu Chati Aldonkar – Appellant
Versus
State of Goa – Respondent


Advocates Appeared:
Mr. S. D. Lotlikar, Senior Advocate with Mr. T. Sequeira, Advocate for the Petitioner., for the Appellant; Mr. Shubham Priolkar, Additional Government Advocate for the State., Mr. Allan F.C. Andrade, Advocate for Respondent No.2., Mr. Vilas P. Thali, Advocate for Respondent No.3., for the Respondent

JUDGMENT

M.S. Sonak, J. - Heard Mr. S. D. Lotlikar, learned Senior Advocate, who appears along with Mr. T. Sequeira for the Petitioner, Mr. Andrade for respondent no.2 and Mr. Vilas Thali for respondent no.3.

2. By order dated 05.05.2022, notices were issued to the respondents indicating that this petition will be finally disposed of at the admission stage. Accordingly, we issue Rule. The Rule is made returnable immediately at the request of and with the consent of the learned counsel for the parties.

3. On 26.04.2022, the Petitioner filed a complaint to respondent no.2 (Panchayat) about the commencement of illegal construction in Survey No.274/15 by respondent no.3. The Petitioner enclosed coloured photographs of the ongoing construction and requested appropriate action to stop/demolish the illegal construction.

4. On receipt of the complaint, the acting Sarpanch, on 26.04.2022, issued a stop work notice under Section 64(J) of the Goa Panchayat Raj Act, 1994 (said Act), requiring respondent no.3 to stop the illegal activity of construction immediately and to present himself in the office within three days along with all the documents to prove that the construction undertaken is not un

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