GORAKNATH TORASKAR Vs. STATE OF GOA

JUDGEMENT

(1.) Mr. Talaulikar, learned Counsel, who holds for Mr. Sahish Mahambrey, learned Counsel for the petitioner, based on written instructions from the petitioner, seeks leave to withdraw the petition.

(2.) There can be no difficulty to exceeding to this request and disposing of this petition as withdrawn. However, before we do so, we have to record that in this case, at least prima facie, it appears that both the petitioner as well as respondent no.7 had carried out some illegal constructions for which the Panchayat had issued stop work orders to both of them. The petitioner had instituted this petition seeking directions to the Panchayat to initiate action against respondent no.7. At this stage, we are unable to fathom the reasons why the petitioner seeks to withdraw this petition.

(3.) We, however, grant the petitioner leave to withdraw the petition, but taking cognizance of the prima facie material based on record, we direct the Panchayat to proceed with its action against the prima facie illegal constructions carried out by both the petitioner as well as respondent no.7. This means that further action will have to be taken in terms of the notices under Sec. 64(1)(J) of the Goa Panchayat Raj Act, 1994, issued by the Panchayat itself. These notices dtd. 23/1/2021 to be found at pages 11 to 14 of the paper book of this petition.