-1- IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 504 OF 2004 1. The Village Panchayat of Calangute through its Sarpanch having its Office at Calangute, Bardez-Goa. 2. The Secretary The Village Panchayat of Calangute having office at Panchayat Ghar Calangute, Bardez-Goa. …... Petitioners V e r s u s M/s. Asiatic Holiday Resorts Pvt. Ltd., Through its Managiven Director Mr. Savio Da Rocha Lobo No. 7 Sunshine Building 2nd Floor General B. Guedes Road, Panaji, Goa. …... Respondent (All above are registered addresses of the parties) Mr. P. A. Kamat, Advovcate for the Petitioners. Mr. E. O Mendes, Advocate for the Respondents. Coram :- F. M. REIS, J Date : 11 th November, 2011. ORAL JUDGMENT Heard Shri P. A. Kamat, learned Counsel appearing for the Petitioners and Shri E.O. Mendes, learned Counsel appearing for the Respondent. 2. During the hearing of the above Petition, the learned Counsel appearing for the Respondent has raised a preliminary objection to the above Writ Petition on the ground that the Petition on behalf of the Village Panchayat is not maintainable in view of the Judgment of this Court passed in the case of Village Panchayat of Sancoale Mormugao vs. M/s. M-Tech Developers Ltd., and reported in 2010(2) Goa Law Reporter 270. -2- 3. Shri Kamat, the learned Counsel appearing for the Petitioners does not dispute the law laid down by this Court in the said Judgment. Learned Counsel further points out that the said aspect is being challenged before the Apex Court though according to him no stay has been granted of the said Judgment. 4. Considering the facts and circumstances of the case in view of the Judgment of this Court relied upon by learned Counsel appearing for the Respondent in the case of Village Panchayat of Sancoale Mormugao vs. M/s. M-Tech Developers Ltd., (supra), I find that the above Petition is not maintainable without going into the correctness of the other issues raised in the Petition. 5. Hence the Petition stands dismissed as not maintainable. Rule discharged accordingly. F .M. REIS, J. arp/*