✦ Bombay High Court · 09 Jan 2025

VIKESH SHAMBA PHADTE v. THE BLOCK DEVELOPMENT OFFICER AND 6 ORS

Writ Petition No. 463 of 2023VALMIKI MENEZES

Case at a glance

Outcome

Dismissed

The Petition is dismissed however clarifying that after the report

Provisions considered

Key paragraphs

  • Para 33. The petition is dismissed with the above clarification. VALMIKI MENEZES, J. Signed by: MEENA VISHAL BHOIR Designation: Private Secretary Date: 10/01/2025 11:18:58 9th January, 2025

Judgment

IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.463 OF 2023 VIKESH SHAMBA PHADTE Versus THE BLOCK DEVELOPMENT OFFICER AND 6 ORS ... PETITIONER ... RESPONDENTS Mr. Preetam Talaulikar, Advocate for the Petitioner. CORAM:- VALMIKI MENEZES, J. DATED :- 9th January, 2025 P.C.:

1.

After hearing the learned Counsel for the Petitioner, I find no infirmity with the order impugned in this petition. The Director of Panchayats cannot be said to have acted in transgression of the powers vested in it under Section 66(5) of the Panchayat Raj Act and appointing the BDO to carry out the inspection of the site and to ascertain and survey the exact location of the structure in the land under Survey No.156(part) and 156/1B. This was obviously necessitated to ascertain whether the allegation in the complaint of the Respondents that the Petitioner had constructed an illegal construction encroaching in Survey No.156(1B).

Operative part

2.

The Petition is dismissed however clarifying that after the report of the survey is placed before the Director of Panchayats, all the 9th January, 2025 WP 463 of 2023 parties would be entitled to file their objections to the report and the Director of Panchayats will have to consider the objections while disposing of the application.

3.

The petition is dismissed with the above clarification. VALMIKI MENEZES, J. Signed by: MEENA VISHAL BHOIR Designation: Private Secretary Date: 10/01/2025 11:18:58 9th January, 2025

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: The Petition is dismissed however clarifying that after the report

Which statutory provisions did this judgment involve?

Panchayat Raj Act — s. 66(5).

Which court decided this case, and when?

Bombay High Court, on 09 Jan 2025. The bench was VALMIKI MENEZES.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Bombay High Court or eCourts case status (search case no. Writ Petition No. 463 of 2023). ← Search more judgments