SHREE SATERI DEVASTHAN COMMITTEE Vs. SARPANCH

JUDGEMENT

(1.) The above Writ Petition is filed seeking to quash and set aside the impugned judgment ad order dtd. 18/5/2022 (for short the "impugned order"), passed by the District Judge-3, North Goa at Panaji in Civil Revision Application No. 10/2022. By the impugned order, the Civil Revision Application filed by the Petitioner herein was rejected.

(2.) The brief facts to decide the present controversy are this. The property bearing Survey No. 1/4 of village Neura-O-Piqueno, Tiswadi Goa, (for short the "suit property") was jointly purchased by the late husband of Respondent No. 2(a) and her brother-in-law, under a Deed of Sale dtd. 11/6/1993. This property was purchased with the intention of constructing a residential house in the future to lead a retired life. According to Respondent No. 2(a), the suit property has always been a vacant property without any structures on it since the time it was purchased by her late husband.

(3.) In the month of May 2014, some persons claiming to be affiliated to a Temple known as Shree Sateri Devasthan [located in the vicinity] trespassed onto the suit property and illegally constructed a structure of laterite stone, sand, cement and covered with zinc tin sheets (for short the "said structure"). The late husband of Respondent No. 2(a) as well as her brother-in-law, immediately complained to the Village Panchayat (Respondent No. 1 herein). Since no action was being taken by Respondent No. 1, the late husband of Respondent No. 2(a) approached the Deputy Director of Panchayats, North Goa, [under Sec. 66(5) of the Goa Panchayat Raj Act, 1994] by filing Case No. DDPN/Neura/Tis 112/2014. In this complaint, the Deputy Director appointed the Block Development Officer, Tiswadi to conduct a site inspection and submit a report to him. Accordingly, after conducting a site inspection, the Block Development Officer submitted his report dtd. 13/8/2014 to the Deputy Director of Panchayats, wherein he mentioned that the construction of the said structure was a new construction [put up in May 2014], and without any permission from the authorities.