(Spl.-H.C.A.S.,C.D.,78-e) FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF BOMBAY AT GOA APPELLATE SIDE WRIT PETITION NO. 511 OF 2004 --------------------------------------------------------------------- Office Note, Office Memoranda of Quorum, appearances, Court’s Court’s or Judge’s Orders orders or directions and Registrar’s orders. ---------------------------------------------------------------------- Mr. V. A. Lawande, advocate for the petitioner. Mr. Sudin Usgaokar, advocate for the respondent no.1. Ms. Winnie Coutinho, Govt. Advocate for the respondent nos. 2 & 3. CORAM : B. H. MARLAPALLE, J. DATE : 9th December, 2004. P.C.: Heard Mr. Lawande, learned advocate for the petitioner. In the Panchayat Appeal No.158 of 2004 an application for stay was filed and the same has been rejected by the Additional Director of Panchayats on 12th November, 2004. The Appeal is still pending. 2. The Order rejecting the interim application does not call for any interference. At the same time, if the subject structure is demolished during the pendency of - 2 - the appeal, the appeal itself would be defeated. The Village Panchayat is, therefore, assured through Mr. Usgaokar that it would not proceed to take any coercive action against the petitioner until the Appeal is decided. 3. Under the circumstances, the petition is rejected. Panchayat Appeal No.158/2004 is hereby expedited and the Village Panchayat shall not resort to any coercive steps against the petitioner till the said appeal is decided. It is clarified that the appeal will have to be decided on its own merits. B. H. MARLAPALLE, J. mc.