RAMKRISHNA MANDREKAR Vs. SHAILESH PEDNEKAR

JUDGEMENT

(1.) This Petition assails an order dtd. 14/7/2022 passed by the Block Development Officer-I and II (BDO) Bardez, Mapusa, Goa, on an Appeal as filed by respondent no. 1. The Appeal was filed under Sec. 201-A of the Goa Panchayat Raj Act, 1994 (for short, "the Act ") before the BDO. Sub-sec. (2) of Sec. 201-A provides that a revision shall lie before the Deputy Director against any order order passed by the BDO under sub-sec. (1) to be filed within a period of thirty days from the date of the said order.

(2.) On a perusal of the impugned order itself, it is quite clear that the BDO on subjective satisfaction has recorded that a prima facie case was made out by respondent no. 1 for grant of an ex-parte stay to the notice dtd. 9/9/2019 issued by the Village Panchayat of Nerul and accordingly, granted an ex-parte stay. Considering the nature of the application, it is certainly an order which can be carried in revision under sub-sec. (2) of Sec. 201-A of the Act.

(3.) This petition was earlier heard by this Court (Sandeep K. Shinde, J.) on 5/8/2022 when an ad-interim protection was granted in favour of the petitioner. This protection continues to operate till date. In my opinion as a remedy of a revision is provided to the petitioner, this Petition ought not to be entertained. The petitioner is thus required to be relegated to avail of the remedy of a revision as provided under sub-sec. (2) of Sec. 201-A of the Act. This, however, would be required to be ordered by continuing the protection granted by this Court vide order dtd. 5/8/2022 for a certain period only to enable the petitioner to avail of the said alternative remedy. The Petition is accordingly disposed of by the following order: