Case Note & Summary
The High Court of Bombay at Goa was hearing two writ petitions filed by Village Panchayats of Sancoale and Bastora against orders passed by the Additional Director of Village Panchayats in appeals under Section 66(7) of the Goa Panchayat Raj Act, 1994. The private respondents in whose favour the orders were passed raised a preliminary objection regarding the maintainability of the writ petitions at the behest of the Village Panchayats. The objectors relied on a Division Bench judgment of the same court in Village Panchayat of Velim v. Valentine S.K.F. Rebello (1990 (1) GLT 70), which held that a Panchayat cannot challenge an appellate order passed under the Act. The petitioners, on the other hand, relied on a Single Bench judgment in Village Panchayat of Calangute v. Deputy Director of Panchayats (2004 (2) GLR 497) and the explanation below Section 66(7) of the Act, arguing that the Act impliedly provides for a writ petition against the Director's order. The court examined the Division Bench judgment, which was rendered under Section 83 of the Village Panchayats Regulation, 1962, dealing with control of erection of buildings. The Division Bench had held that the Panchayat, being a statutory body, cannot maintain a writ petition against an appellate order passed under the Act. The court noted that the Division Bench judgment is binding on a Single Bench and that the Single Bench judgment in Calangute did not consider the Division Bench judgment. Therefore, the court upheld the preliminary objection and dismissed the writ petitions as not maintainable. The court did not go into the merits of the case.
Headnote
A) Panchayat Law - Maintainability of Writ Petition - Village Panchayat cannot maintain a writ petition against an order of the Additional Director of Panchayats passed in appeal under Section 66(7) of the Goa Panchayat Raj Act, 1994 - The Division Bench judgment in Village Panchayat of Velim v. Valentine S.K.F. Rebello (1990 (1) GLT 70) holds that a Panchayat cannot challenge an appellate order passed under the Act, and this binding precedent overrides the Single Bench judgment in Village Panchayat of Calangute v. Deputy Director of Panchayats (2004 (2) GLR 497) - Held that the writ petitions are not maintainable and are dismissed (Paras 1-6).
Issue of Consideration
Whether a writ petition filed by a Village Panchayat against an order passed by the Additional Director of Village Panchayats in an appeal under Section 66(7) of the Goa Panchayat Raj Act, 1994 is maintainable.
Final Decision
The preliminary objection is upheld. The writ petitions are dismissed as not maintainable. No order as to costs.
Law Points
- Maintainability of writ petition by statutory body against its own appellate authority
- Interpretation of Section 66(7) of Goa Panchayat Raj Act
- 1994
- Binding nature of Division Bench judgment over Single Bench judgment
Case Details
2010 LawText (BOM) (08) 123
Writ Petition No. 405 of 2009 with Writ Petition No. 620 of 2009
Mr. J. Godinho for Petitioners in WP 405/2009; Mr. S.G. Dessai, Senior Advocate with Mr. A. Gaonkar for Respondent in WP 405/2009; Mr. D. Pangam for Petitioner in WP 620/2009; Mr. A.D. Bhobe for Respondent No.1 in WP 620/2009; Mr. S. Bandodkar, Additional Government Advocate for Respondent No.2 in WP 620/2009
Village Panchayat of Sancoale (in WP 405/2009) and Village Panchayat of Bastora (in WP 620/2009)
M/s. M-Tech Developers Ltd. (in WP 405/2009) and Shri Maruti Hallikar & Additional Director of Panchayats-I (in WP 620/2009)
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Nature of Litigation
Writ petitions filed by Village Panchayats challenging orders passed by the Additional Director of Village Panchayats in appeals under Section 66(7) of the Goa Panchayat Raj Act, 1994.
Remedy Sought
The Village Panchayats sought to quash the orders of the Additional Director of Panchayats passed in appeals under Section 66(7) of the Act.
Filing Reason
The Village Panchayats were aggrieved by the appellate orders passed by the Additional Director of Panchayats.
Previous Decisions
The Additional Director of Panchayats had passed orders in appeals under Section 66(7) of the Act in favour of the private respondents.
Issues
Whether a writ petition filed by a Village Panchayat against an order passed by the Additional Director of Village Panchayats in an appeal under Section 66(7) of the Goa Panchayat Raj Act, 1994 is maintainable.
Submissions/Arguments
The objectors (private respondents) argued that the writ petitions are not maintainable, relying on the Division Bench judgment in Village Panchayat of Velim v. Valentine S.K.F. Rebello (1990 (1) GLT 70).
The petitioners (Village Panchayats) argued that the writ petitions are maintainable, relying on the Single Bench judgment in Village Panchayat of Calangute v. Deputy Director of Panchayats (2004 (2) GLR 497) and the explanation below Section 66(7) of the Act.
Ratio Decidendi
A Village Panchayat, being a statutory body, cannot maintain a writ petition against an order passed by the appellate authority under Section 66(7) of the Goa Panchayat Raj Act, 1994, as held by the Division Bench in Village Panchayat of Velim v. Valentine S.K.F. Rebello, which is binding on a Single Bench.
Judgment Excerpts
These writ petitions are filed by the Village Panchayats and are directed against orders passed by the Additional Director of Village Panchayats, in appeals filed under Sub-section (7) of Section 66 of the Goa Panchayat Raj Act, 1994.
The objectors have placed reliance on a Division Bench judgment of this Court in the case of Village Panchayat of Velim V/s. Shri Valentine S.K.F. Rebello and Anr. (1990 (1) GLT 70) in support of their objection...
There is no doubt that the Division Bench judgment was rendered in the light of Section 83 of the Village Panchayats Regulation, 1962...
Procedural History
The Village Panchayats filed writ petitions in the High Court of Bombay at Goa challenging orders of the Additional Director of Panchayats passed in appeals under Section 66(7) of the Goa Panchayat Raj Act, 1994. The private respondents raised a preliminary objection as to maintainability. The court heard the preliminary objection and disposed of the same by this judgment.
Acts & Sections
- Goa Panchayat Raj Act, 1994: Section 66(7)
- Village Panchayats Regulation, 1962: Section 83
