Bombay High Court

THE VILLAGE PANCHAYAT OF CARAMBOLIM THR. ITS SARPANCHversusTHE DIRECTOR OF PANCHAYATS THR. ITS DIRECTOR AND 2 ORS.

Disposal: Partly allowed

Holding

The Director’s order quashing the show‑cause notice without a hearing on the merits is set aside as contrary to procedural law.

Summary

The Village Panchayat of Carambolim issued a show‑cause notice to two respondents, which they appealed before the Director of Panchayats. The Director, after hearing only an application for interim relief on 8 October 2025, issued a final order on 24 November 2025 quashing the notice without hearing the parties on the merits of the appeal. The Panchayat challenged this order by filing a writ petition, arguing that the Director had no jurisdiction to dispose of the main appeal without a proper hearing. The High Court held that the Director’s order was unsustainable because procedural fairness was not observed. The court partially allowed the writ petition, set aside the Director’s order, and directed the matter be remitted to the Director to re‑register the appeal and grant a hearing, with parties to appear on 22 October 2026. No coercive action may be taken against the respondents pending the re‑heard appeal.

Issues considered

Whether the Director of Panchayats could pass a final order quashing a show‑cause notice without hearing the parties on the merits of the appeal.
Whether due‑process requirements of a hearing were complied with in the disposal of the appeal.

Subjects

show‑cause notice
procedural fairness
hearing
interim relief
appeal
Director of Panchayats
writ petition
quash order

Judgment

2026:BHC-GOA:2003
                                             34 WP 513 2026

                Jose

                       IN THE HIGH COURT OF BOMBAY AT GOA
                               WRIT PETITION NO.513 OF 2026

           THE VILLAGE PANCHAYAT OF
           CARAMBOLIM THR. ITS SARPANCH                          ... PETITIONER
              Versus
           THE DIRECTOR OF PANCHAYATS THR.
           ITS DIRECTOR AND 2 ORS.                               ... RESPONDENTS


           Mr D. Lawande with Mr Jay Mathew, Advocates for the
           Petitioner.

           Mr Prashil Arolkar, Addl. Govt. Advocate for Respondent No.1.

           Mr S. D. Lotlikar, Senior Advocate with Mr Terence Sequeira,
           Advocate for Respondent Nos.2 and 3.


                                CORAM:- S. G. CHAPALGAONKAR, J.
                                DATED :- 8th October, 2026

           P.C.:


           1.      The Petitioner Panchayat impugns Judgment and Order dated
           24.11.2025 passed by Director of Panchayat in Appeal
           No.DP/Appeal/N/7/2025 whereby Director of Panchayat was
           pleased to allow the appeal and quashed and set aside show-cause
           notice issued by the Panchayat.


           2.    Mr Lawande, learned Counsel appearing for Petitioner submits
           that show cause notice dated 30.07.2025 issued by Panchayat was


                                               Page 1 of 3
                                             8th October, 2026
                                 34 WP 513 2026


assailed by Respondent Nos. 2 and 3 in appeal before Director of
Panchayats. On 08.10.2025, the Respondent No.1 heard parties on
interim relief, i.e. on stay application, and passed his order dated
24.11.2025 thereby finally disposing very appeal. It is submitted
that when parties were heard on interim relief, there was no
occasion for Respondent No.1 to deal with the main appeal and
proceed to pass final order thereby quashing and setting aside the
show cause notice.


3.       Mr Lotlikar, learned Senior Advocate appearing for
Respondent, does not dispute that on 08.10.2025, parties were
heard on interim relief and the parties were never called upon to
argue main appeal. The aforesaid fact can be gathered from the
copy of Roznama dated 08.10.2025. In aforesaid backdrop, this
Court finds that impugned order is not sustainable in law.


4.   In result, Writ Petition is partly allowed. Impugned order is
quashed and set aside. Matter is relegated back to the Director of
Panchayats who shall re-register the appeal and pass orders afresh
after giving opportunity of hearing to parties. The parties to appear
before Director of Panchayats on 22.10.2026.


5.   Needless to state that till disposal of the appeal, no coercive
steps shall be taken against the Respondent Nos. 2 and 3 in
pursuance to show cause notice which is subject matter of the

                                   Page 2 of 3
                                 8th October, 2026
                                               34 WP 513 2026


                        challenge in appeal.



                                                     S. G. CHAPALGAONKAR, J.




Signed by: JOSE FRANCISCO
DSOUZA
                                                 Page 3 of 3
Designation: Personal Assistant
Date: 08/10/2026 17:31:27                      8th October, 2026

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