1 IN THE HIGH COURT OF BOMBAY AT GOA Writ No.652 of 2009 1. Mr. Joaquim Gracias, son of late Mr. Timoto Gracias, major, resident of House No.766, Vanxem, Loutolim, Salcete, Goa. 2. Mr. Franky Monteiro, son of late Mr. Michael Monteiro, major, resident of House No.501, Devotte, Loutolim, Salcete, Goa. .... Petitioners V e r s u s 1. The Village Panchayat of Loutolim, having its office at Loutolim, Salcete, Goa. 2. Mr. Jaiprakash Vaman N. Rasaikar, son of late Mr. Vaman Datta Rasaikar, aged about 51 years, resident of House No.84, Rasai, Loutolim, Salcete,Goa. 3. Mr. Joaquim Monteiro, son of Mr. Inacio Monteiro, major, resident of House no.1014, Vanxem, Loutolim, Salcete, Goa. 4. Mr. Ramesh Gaude, son of Mr. Satu Gaude, major, resident of House No.60, Rasai, Loutolim, Salcete, Goa. 5. Mr. Inacinho Fernadnes,s on of Mr. Jose Fernandes, resident of House no.60, Rasai, Loutolim, Salcete, Goa. 6. Mr. Ramdas Gaude, son of Mr. Krishna 2 Gaude, major, resident of House No.36, Rasai, Loutolim, Salcete, Goa. 7. Mr. Prashant M. Naik, son of Mr. Madhukar Naik, major, resident of House no.104, Rasai, Loutolim, Salcte, Goa. 8. The Additional Director of Panchayats-II, having his office at the Directorate of Panchayats, 3rd lift, 3rd floor, Junta House, 18th June Road, Panaji-Goa. .... Respondents Mr. R. Menezes, Advocae for the Petitioners. Mr. G. Teles, Advocate for Respondent no.1. Mr. S. Noel Dias Sapeco, Advocate for respondent no.2 to 7. Mr. V. Rodrigues, Additional Government Advocate for respondent no.8. Coram: A. P. Lavande, J. Date: 14th October, 2010. ORAL JUDGMENT: Heard learned counsel for the parties. Rule. By consent hearth forthwith. 2. By this petition, the petitioner challenges order dated 19/9/2009 passed by the Additional Director of Panchayats-II, Panaji-Goa in Panchayat Appeal No.91 of 2009 by which the application for intervention in the said appeal has been dismissed. 3. The respondents nos. 2 to 7 have filed Panchayat 3 Appeal 91 of 2009 challenging the resolution of Gram Sabha taken in the meeting held on 5/4/2009, before the Additional Director of Panchayats. In terms of Section 6(6) of Goa Panchayat Raj Act 1994 (“The Act” for short), the Director gave public notice and also displayed the notice on the notice board of the Panchayat. Thereafter, the petitioners herein filed their replies to the appeal pursuant to the public notice issued by the Additional Director of Panchayats. 4. On 27/4/2009 the petitioners filed application for intervention in the appeal which has been dismissed by the Additional Director of Panchayats. 5. It is an admitted position that in terms of Section 6(6) of the Act, the Director has already given public notice and pursuant to the said notice, the petitioners herein have filed replies dated 2/7/2009, which has been taken on record in the appeal preferred by respondents nos.2 to 7. This being the position, I am of the considered opinion that interest of justice would be served by giving an opportunity to the petitioners of being heard in Panchayat Appeal no.91/2009. 4 6. In my opinion, it is not necessary specifically to permit the application for intervention and interest of justice would be served by directing the respondent no.8 to give an opportunity of being heard to the petitioners in the appeal filed by respondent nos.2 to 7. 7. Respondent no.8 will give an opportunity of being heard to the petitioners in Panchayat Appeal No.91 of 2009 preferred by respondent nos. 2 to 7 and thereafter pass appropriate order in accordance with law. Interim order stands vacated. Parties shall appear before the respondent no.8 on 29/10/2010. at 3.p.m. 8. Writ petition stands disposed of in the aforesaid terms with no order as to costs. A. P. Lavande, J. Ap/-