PANDURANG ALIAS PANDU Vs. VILLAGE PANCHAYAT OF CALANGUTE

JUDGEMENT

(1.) RULE. Respondents waive service. By consent of parties, Rule made returnable forthwith.

(2.) THE petitioner is appellant before the Additional Director-I of panchayats, at Panaji Goa in Panchayat Appeal No. 3/2006. There is admittedly a delay in filing this appeal and, therefore, an application for condonation of delay dated 26/12/2005 was filed.

(3.) THE facts necessary for disposal of this petition are that the appeal is directed against a demolition order dated 12. 6. 2001, issued by the village Panchayat of Calangute. The petitioner before me was aggrieved by this order and preferred an appeal. It is undisputed that the petitioner had filed a civil suit, being Regular Civil Suit No. 133/2001/sr-II (Civil Suit No. 352/04) before the Civil Judge, Sr. Division at Mapusa, challenging and impugning the order of the Panchayat. Upon an objection raised with regard to maintainability of the suit, the Civil Court held that the suit is not maintainable and dismissed the same. While it is true that the petitioner challenged that order of the Civil Court and the challenge is pending, yet, it is undisputed that he approached the Director of Panchayat challenging demolition order by invoking his jurisdiction under Section 66 of the Goa panchayat Raj Act, 1994. It was stated by the applicant-petitioner before me, that there is a delay of 4 years and 6 months in filing the appeal. He pointed out that the petitioner was also advised to approach the Civil Court and that is how he approached the Civil Court. The ruling of the Civil Court being against him and that too on the point that there is a remedy available under the Goa Panchayat Raj Act challenging demolition order, that he has filed the appeal. All that he requested was that he should be given opportunity to challenge the demolition order, on merits, and the delay be condoned in the peculiar facts brought to the notice of the Authority.