SHASHIKANT BALCHANDRA SHIRODKAR Vs. ADDITIONAL DIRECTOR OF PANCHAYATS

JUDGEMENT

(1.) THIS writ petition is filed against the order of the Additional Director of Panchayat-II, Goa whereby, he set aside the notice issued by the Gram Panchayat for demolition, and remanded the matter back to the Gram Panchayat.

(2.) THE facts are as follows on 16/8/2005, the present petitioners lodged a complaint with the village Panchayat to the effect that respondent no. 2 taking advantage of three consecutive holidays falling on 13th, 14th and 15th August, 2005, started erecting a laterite stone structure by engaging a team of labourers. The petitioner submits that the said structure, which is undertaken by respondent no. 2 is located in the portion of the petitioner's property, which had fallen to her share under the judgment and decree dated 5/5/2004. It also falls within the area of access reserved under that order. The petitioner also contended that the construction was being carried out without any approval or sanction and was illegal and unauthorised. Inspection of the site was held by the Panchayat and the panchanama was drawn. The panchayat issued a show cause notice to respondent no. 2 to show cause why construction should not be demolished. Respondent no. 2 replied to the show cause notice. Respondent no. 2 preferred an appeal before the Director of the Panchayat Raj. The Director by his judgment, allowed the appeal and directed the matter to be sent back to the Gram Panchayat, since he found that the notice was not signed by an appropriate officer of the Panchayat. The petitioner, therefore, feels aggrieved and prefers this writ petition.

(3.) I have heard the learned counsel for the petitioners and the respondents.