Bombay High Court

FRANKY FERNANDESversusSTATE OF GOA THR CHIEF SECRETARY AND 6 ORS

Disposal: Disposed of

Holding

The Court ordered the Panchayat to decide the pending complaint independently, within a stipulated time, and dismissed the petition.

Summary

Petitioner Franky Fernandes filed a writ petition challenging actions of the Shiroda Village Panchayat. The High Court ordered an inspection of the site, after which the Block Development Officer's report was placed before the Panchayat and a show‑cause notice was issued to Respondent No. 7 under Section 66 of the Goa Panchayat Raj Act. The Court directed Respondent No. 7’s counsel to file a reply within fifteen days and instructed the Panchayat to dispose of the petitioner's complaint within three weeks, independently of the present petition. The Court further ordered that the Panchayat’s decision be made on its own merits without influence from the Court’s observations. Accordingly, the petition was disposed of on these terms.

Issues considered

Whether the Shiroda Village Panchayat must act on the petitioner's complaint in accordance with Section 66 of the Goa Panchayat Raj Act
Whether the High Court should intervene in the Panchayat's decision‑making process

Legislation cited

Goa Panchayat Raj Act — s. 66

Subjects

Panchayat jurisdiction
Section 66
Goa Panchayat Raj Act
petition disposal
inspection report
show cause notice

Judgment

                                   37 WP 940 2026

     siddhi

              IN THE HIGH COURT OF BOMBAY AT GOA
                     WRIT PETITION NO.940 OF 2026

FRANKY FERNANDES                                        ... PETITIONER
  Versus
STATE OF GOA THR CHIEF SECRETARY
AND 6 ORS                                                ... RESPONDENTS


Ms. Leona Barreto, Advocate for the Petitioner(Through V.C.).

Ms. Sapna Mordekar, Additional Government Advocate for
Respondent Nos.1, 3, 4, 5, and 6.

Mr. V. Pangam, Advocate for Respondent No.2.

Mr. S.D. Lotlikar, Senior Advocate with Ms. Neelam Patil,
Advocate for Respondent No.7.


                      CORAM:- VALMIKI MENEZES &
                              AMIT S. JAMSANDEKAR, JJ.
                      DATED :- 17th August, 2026

P.C.
1.     Registry is directed to waive office objections and register the
matter.


2.      Pursuant to the filing of the present Petition, an inspection of
the site was carried out on 18.07.2026.


3.      The parties report that the inspection report prepared by the
BDO has already been placed before the Village Panchayat of


                                      Page 1 of 2
                                    17th August, 2026
                                                             37 WP 940 2026


                      Shiroda and a show cause notice is also issued on 04.08.2026 to
                      Respondent No. 7, in terms of Section 66 of the Goa Panchayat Raj
                      Act.


                      4.          Learned Senior Counsel representing Respondent No. 7 shall
                      file his reply within fifteen days from today.


                      5.           Thereafter, the Panchayat shall dispose of the Petitioner's
                      complaint within three weeks.


                      6.          The Petition stands disposed of in the aforesaid terms.


                      7.               The Panchayat shall decide the pending complaint
                      independently and on its own merits, without being influenced by
                      any observations made in the present Petition or by the orders
                      passed herein.



                        AMIT S. JAMSANDEKAR, J.                        VALMIKI MENEZES, J.




Signed by: SHAKUNTALA ZALMI
Designation: Personal Assistant
                                                               Page 2 of 2
Date: 19/08/2026 10:34:52
                                                             17th August, 2026

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