GANGADHAR RAMCHANDRA KHARBE Vs. SARPANCH

JUDGEMENT

(1.) RULE, with the consent of the parties made returnable forthwith and heard.

(2.) THIS petition takes exception to the order/cum notice dated 02. 05. 2005 issued by the Sarpanch of the Village panchayat, Parra as also the judgment and order passed by the additional Director of Panchayat dated 30. 04. 2009, by which order, the appeal filed by the petitioner against the show cause notice cum/ order dated 02. 05. 2005 ordering the demolition of the compound wall of the petitioner came to be rejected. Indubitably show cause notice/cum order has been issued by the Sarpanch of the Village Panchayat.

(3.) IN terms of Section 47 of the Goa Panchayat Raj act, 1994, such an order of demolition can only be issued under the signature of the Secretary of the Panchayat and not the sarpanch. The order cum show cause notice therefore, having been issued by the Sarpanch is without jurisdiction.