IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 249 OF 2008 SUBASH CHANDRA S. LOTLIKAR ... Petitioner Versus STATE OF GOA THROUGH CHIEF SECRETARY AND 5 ORS., ... Respondents Mr. A.N.S. Nadkarni, Advocate with Mr. H. D. Naik, Advocate for the Petitioner Ms. W. Coutinho, GA For R-1 To 3 Mr. M. P. Almeida, Advocate for Respondent no.4. Mr. C. A. Ferreira, ASG with Mr. G. Teles, Advocate for the respondent no. 5. Mr. S. D. Lotlikar Senior Advocate with Mr. Rajiv Talwar and Mr. A. D' Souza, Advocate for the respondent no.6. Coram:- S. C. DHARMADHIKARI & SANTOSH BORA, JJ. Date:- 12th August, 2008 P.C. Pursuant to our order dated 07.08.08, an affidavit has been filed by the Director of Panchayats. The Director of Panchayats in the affidavit affirmed on 08.08.08, has specifically referred to the site inspection by the Village Panchayat in the presence of Dy. Director so also the compliance report submitted by the Dy. Director to him. 2. In the paragraphs 2 to 4 of this affidavit, the action pursuant to our order and direction has been set out. Further in paragraphs 5 and 6, a reference is made to a show cause notice issued by the Village Panchayat to Prestige Holiday Resorts Pvt. Ltd. A copy of the show cause notice is also annexed to the affidavit. 3. The show cause notice refers to the order of this Court and the particular blocks which are allegedly illegally occupied. It has also referred to the completion certificate dated 18.11.04 and the Resolution of the Panchayat dated 09.12.04. 4. It is, thereafter, that the show cause notice alleges that the Panchayat has not issued Occupancy Certificate with regard to Block S-26 to S-34 in Royal Palms or Prestige Holiday Resorts nor has it issued a NOC for water supply connection or electricity connection. The concerned Resort is directed to show cause within a period of 15 days from the date of receipt of the show cause notice as to why action in accordance with law should not be taken for illegal occupancy of these Blocks. 5. From a perusal of the affidavit filed by the Director of Panchayat and show cause notice, a copy of which is annexed thereto, we are satisfied that the authorities have taken necessary steps at their end and that the reports which have been made subject matter of the present petition have been acted upon, although belatedly. In such circumstances, we do not feel it necessary to pursue the matter further. The Writ Petition can be disposed off in the light of the steps that have been taken by the Director of Panchayat and the concerned Village Panchayat. The apprehension that is expressed with regard to the matter being kept pending and the show cause notice pursuant thereof, not attaining finality can be taken care of by directing the concerned Village Panchayat to take necessary steps in pursuance of the show cause notice and complete the adjudication contemplated therein within a period of six weeks thereof. 6. At this stage, Mr. Lotlikar appearing for respondent no.6, submits that the ad-interim Order dated 01.08.08 should not be continued further as it causes prejudice to the respondent no.6, particularly with regard to commitments already made. 7. We have already set out the reasons as to why, prima facie, the Order came to be passed. The restraint is not against parties continuing their occupation and possession but that they should not create further rights in the premises. We see no prejudice to respondent no.5 and 6 if such a direction is issued in as much as commitments which have already been made and more particularly prior to 01.08.08 are not affected and the respondent nos.5 and 6 can abide by the same subject of course to the outcome of the proceedings before the Panchayat. All that is contemplated by the ad-interim order is that further complications should not arise if ultimately it is found that the premises are occupied without an Occupancy Certificate or a NOC from the Panchayat as contemplated in law. 8. Needless to state, that the ad-interim Order continues subject to the commitments made on 01.08.08 and prior thereto, not being adversely affected. The ad-interim Order to continue until final orders are passed by the Panchayat within the time stipulated as above. Further, needless to add, that we have not expressed any views on merits and our observations shall not be construed as a conclusion that the premises are occupied illegally or that the Occupancy Certificate allegedly issued concludes the matter. All contentions in that behalf, are kept open. 9. Petition stands disposed off accordingly. S. C. DHARMADHIKARI, J. SANTOSH BORA, J. arp/*