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2024 Supreme(Online)(Bom) 175

HIGH COURT OF BOMBAY
BHARAT P. DESHPANDE, J
KAPIL MADHUKAR BETGIRI – Appellant
Versus
DIRECTOR OF MUNICIPAL ADMINISTRATION AND 2 ORS – Respondent


Mr. Parag Rao with Mr. Ajay Menon and Mr. Rishikesh Vazarkar, Advocates for the Petitioner. Mr. Siddharth V. Naik, Advocate for Respondent No.3. Mr. V. Sardessai, Additional Government Advocate for Respondent-State in WP No.923/2024(F) and WP No.924/2024(F). Ms. Sapna Mordekar, Additional Government Advocate for Respondent-State in WP No.925/2024(F).

JUDGEMENT

1.Rule. Rule is made returnable forthwith.

2.Heard finally with consent.

3.Heard Mr. Parag Rao with Mr. Ajay Menon and Mr. Rishikesh Vazarkar, learned Counsel for the petitioner, Mr. Siddharth V. Naik, learned Counsel for respondent No.3 and Mr. V. Sardessai, learned Additional Government Advocate for Respondent- State in WP No.923/2024(F) and WP No.924/2024(F) and Ms. Sapna Mordekar, learned Additional Government Advocate for Respondent- State in WP No.925/2024(F).

4.All the above petitions are concerning with the common order passed by the Chief Officer/respondent No.2 under Section 190 of the Goa Municipalities Act, which was challenged by respondent No.3 by filing three appeals under Section 293 of the Goa Municipalities Act. SUBMISSIONS:

5.Mr. Parag Rao would submit that the appeals filed by respondent No.3 before the Director of Municipal Administration, Panaji under Section 293 of the Municipalities Act challenging the order of the Chief Officer passed under Section 190 of the said Act are not maintainable. He submits that the powers of the Chief Officer are independent and not existing with the powers of the municipal Council. Some of the powers of the Chief Officer ar

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