MENINO FERNANDES Vs. ADDITIONAL DIRECTOR OF PANCHAYATS

JUDGEMENT

(1.) BY this petition the petitioners challenge the judgment and order dated 21/12/2004 passed by Additional Director of Panchayats II at Panaji in Panchayat Appeal No. 139 of 2004 by which the Additional Director of Panchayats has allowed the appeal filed by respondent no.2 against the judgment and order dated 24/09/2004 passed by the Deputy Director of Panchayats (North) in Case No. DDPN/ST.CRUZ/TIS/12 /2004 .

(2.) THE petitioners sought from respondent no. 2 construction licence for construction of residential house and compound wall in the property bearing survey no. 65/4 -B of Village Santa Cruz. Since no decision was communicated within a period of 30 days, the petitioners preferred an appeal to Deputy Director of Panchayats (North) in terms of Sub -Section (2) of Section (66) of Goa Panchayat Raj Act, 1994 ( 'The Act', for short). The Deputy Director of Panchayats by judgment and order dated 24/09/2004 allowed the appeal and directed respondent no.2 to issue written permission to the petitioners herein by complying with necessary formalities within a fortnight, failing which the petitioners were given liberty to proceed with the construction of residential house and compound wall but not so as to contravene any of the provisions of the Act or any Rules or Bye -laws under the Act. This order was challenged by respondent no.2 by filing an appeal which has been allowed by the Additional Director of Panchayats. The appellate authority while allowing the appeal has given certain directions to the parties. Aggrieved by the said judgment and order, the petitioners have filed the present petition.

(3.) HAVING heard the learned counsel for the petitioners and respondent nos.1 and 2, we are of the considered view that the present petition is liable to allowed on the short ground. It is the case of the petitioners that the appeal preferred by respondent no.2 purportedly under section 66 (7) of the Act was not maintainable at the instance of the Panchayat. Reliance has been placed by the petitioners on the Judgment passed by the learned Single Judge of this Court in the case of Village Panchayat of Sancoale and another Vs. M/s. M -Tech Developers Ltd. and another, 2011 7 AllMR 177.