Writ Petition Nos. 278, 279 and 280 of 2015. Case: Ashok Govind Naik and Ors. Vs Village Panchayat at Marcaim and Ors.. High Court of Bombay (India)
| Case Number | Writ Petition Nos. 278, 279 and 280 of 2015 |
| Counsel | For Appellant: A. Bhobe, Advocate and For Respondents: P. Kamat, Advocate |
| Judges | S. B. Shukre, J. |
| Issue | Constitution of India - Article 227 |
| Judgement Date | January 13, 2016 |
| Court | High Court of Bombay (India) |
Judgment:
S. B. Shukre, J.
1. Heard.
2. Rule. Rule, made returnable forthwith. Heard finally, by consent of the learned Counsel for the parties.
3. These writ petitions are being disposed of by a common order. These writ petitions challenge three orders dated 12/02/2015 separately passed in Civil Miscellaneous Application Nos. 82, 80 and 81 of 2014 by the Ad-hoc District Judge-I (FTC), North Goa, Panaji, Goa, thereby rejecting the applications filed by the petitioner for condonation of delay occurred in filing of the Revision Applications under Section 201-B of Goa Panchayat Raj Act.
4. The Revisions were sought to be filed by the petitioner as the petitioner in all these three Writ Petitions felt aggrieved by allowing of the Appeals of the respondent No. 2, by the Additional Director of Panchayats-II, Panaji, Goa, by orders dated 23/01/2014. By these orders, the Additional Director has issued a direction to the petitioner in all these petitions, to demolish the illegal structures constructed by him in the properties described in the three appeals. The complaints alleging illegal construction made by the petitioner, were filed by the respondent No. 2 and were on behalf of himself as one of the affected parties and also on behalf of two other persons, in whose respective properties, the structures were alleged to have been illegally erected by the petitioner. It appears that after the complaints were dismissed by the concerned authority, i.e. the Deputy Director of Panchayats, the respondent No. 2 carried the matter in appeal by filing three appeals before the Additional Director of Panchayats-II. The respondent No. 2 succeeded and the petitioner being aggrieved, preferred Revision Applications together with applications for condonation of delay before the competent authority i.e. District Judge. These applications, however, came to be rejected by the orders passed on 12/02/2015 by the learned Ad-hoc District Judge-I and, therefore, the petitioner is before this Court by filing these three writ petitions.
5. Shri Ashwin Bhobe, learned Counsel for the petitioner in all these petitions, submits that the impugned orders suffer from illegality, perversity and arbitrariness as the aspect of lack of malafides has not been properly considered by the learned District Judge. He further submits that the affidavit of the Advocate was not filed by the petitioner because of the fact that it had not been the practice to request an Advocate to swear an affidavit by way of some proof of the contentions raised by the private litigants. He submits that there was nothing on record to show that the explanation given by the petitioner that the delay which mainly occurred because of the failure of his Advocate in informing the passing of the impugned judgment and order did not show sufficient cause. He submits that in the absence of any material to show that explanation was concocted or false, the learned District Judge ought not to have disbelieved the explanation given by the petitioner.
6. Learned Counsel further submits that admittedly, the appeals were closed for orders by the Additional Director on 26/02/2013 and when no communication was received by the petitioner from his Advocate, the petitioner contacted him in December, 2013 to make an enquiry about the passing of the order and thereafter, the petitioner made enquiry about the same with his Advocate in the second week of June, 2014. He submits that at this time, the petitioner came to know about passing of the order. He submits that the reasoning adopted by the learned District Judge that the petitioner has not given any...
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