Bombay High Court

CHANDRAHAS SALVO VOLVOIKARversusTHE VILLAGE PANCHAYAT OF MORJIM PERNEM, THR. SARPANCH / SECRETARY

Disposal: Withdrawn
Bench: NEELA GOKHALE

Holding

The petition is withdrawn with liberty to file a fresh Panchayat Appeal concerning the new cause of action.

Summary

The petitioner, Chandrahas Salvo Volvoikar, filed a writ petition seeking to quash the order of the District Judge that dismissed his Panchayat Appeal for default. The appeal concerned a structure that was later demolished by the Public Works Department during road widening. The respondent village panchayat submitted an affidavit stating that the demolition rendered the original cause of action moot. The petitioner then requested permission to withdraw the writ petition and to file a fresh Panchayat Appeal based on the new circumstances. The Court granted permission to withdraw the petition, gave liberty to file a fresh appeal if permissible, and disposed of the petition as withdrawn.

Issues considered

Whether the writ petition seeking to quash the dismissal order can be withdrawn with liberty to file a fresh Panchayat Appeal.
Whether the demolition of part of the structure renders the original cause of action infructuous.

Subjects

Writ petition
Panchayat Appeal
Default dismissal
Withdrawal of petition
Fresh cause of action
Demolition
Administrative law

Judgment

2026:BHC-GOA:527
                                            15 WP 783 2023

                Jose

                       IN THE HIGH COURT OF BOMBAY AT GOA
                               WRIT PETITION NO.783 OF 2023

           CHANDRAHAS SALVO VOLVOIKAR                           ... PETITIONER
             Versus
           THE VILLAGE PANCHAYAT OF MORJIM
           PERNEM, THR. SARPANCH / SECRETARY                    ... RESPONDENTS


           Mr. Amay A. Phadte with Mr. G. Kerkar, Advocates for the
           Petitioner.
           Mr. Ganesh Naik, Advocate for the Respondent.


                                 CORAM:- DR. NEELA GOKHALE, J.
                                 DATED :- 18th March, 2026

           P.C.:


           1.      Mr. Ganesh Naik, learned Counsel appearing for the Respondent,
           has tendered on record the affidavit in reply filed on behalf of the
           Respondent Village Panchayat of Morjim. The same is taken on
           record.


           2.    By way of the present petition, the Petitioner had sought to quash
           and set aside the order dated 12th October, 2021, passed by the District
           Judge-1, Mapusa, in Civil Revision Application No.12/2018, and order
           dated 21st February, 2017, passed by the Additional Director of
           Panchayats, North Goa, in Panchayat Appeal No.ADP-II/P.A.
           40/2016.


                                               Page 1 of 3
                                             18th March, 2026
                                  15 WP 783 2023




3.   By way of the impugned orders, the Petitioner sought to restore
his original Miscellaneous Panchayat Appeal No.40/2016. The said
Appeal was dismissed for default. He assailed the order of dismissal
before the District Court, which passed the impugned order, refusing
to restore the said Panchayat Appeal.


4.     Heard Mr. Amay Phadte, learned Counsel appearing for the
Petitioner and Mr. Ganesh Naik, learned Counsel representing the
Panchayat.


5.       Mr. Ganesh Naik tendered the affidavit in reply of the
Respondent. Referring to the averments in the Reply Affidavit, he says
that part of the structure, which was the subject matter of the
Panchayat Appeal, is already demolished by PWD - Roads at the time
of road widening. Mr. Naik, thus, submits that part of the cause of
action has already been rendered infructuous.


6.   In view of the averments in the affidavit in reply, Mr. Phadte seeks
permission to withdraw the present petition with liberty to file a fresh
Panchayat    Appeal     before   the      appropriate   authority,   seeking
appropriate reliefs as permissible in law, since the demolition of part
of the structure has given rise to a fresh cause of action.


7.     Permission to withdraw is granted with the aforesaid liberty.

                                     Page 2 of 3
                                   18th March, 2026
                                                              15 WP 783 2023


                        Petitioner is at liberty to file a fresh Panchayat Appeal pertaining to the
                        fresh cause of action that has arisen because of the demolition of part
                        of the structure, if permissible in law.


                        8.        As such, all contentions of all parties are left open to decide the
                        fresh Panchayat Appeal, if any, filed by the Petitioner on its own
                        merits, without being influenced by the withdrawal of the present
                        petition.


                        9.        Petition is disposed as withdrawn.



                                                                     DR. NEELA GOKHALE, J.




Signed by: JOSE FRANCISCO
DSOUZA
                                                                Page 3 of 3
Designation: Personal Assistant
Date: 18/03/2026 17:30:45                                     18th March, 2026

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