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Judgment
The present writ petition takes exception to the orders dated 1st April 2026 and 24th April 2026, whereby initially Petitioner's preliminary objection as to the maintainability of appeal before Director of Panchayats was rejected and finally appeal filed by Respondent No.3 was allowed.
Learned Advocate appearing for Respondent No.3 raises a preliminary objection that Petitioner has alternate efficacious remedy under Section 201-B of Goa Panchayat Raj Act and therefore, writ petition may not be entertained.
Mr Amonkar, learned Advocate appearing for Petitioner, endeavours to convince this Court that orders impugned are contrary to principles of natural justice, apart from illegality and arbitrary. Therefore, according to him, in light of law laid down by Supreme Court in case of Whirlpool Corporation Vs Registrar of Trade Marks, Mumbai and others, reported in (1998) 8 SCC 1, writ petition can be entertained.
Having considered submissions advanced, this Court finds that Petitioner has substantive remedy in the form of revision against the orders impugned to the District Court. Petitioner can raise all issues in substantive revision. In that view of matter, this Court is not inclined to entertain writ petition.
In result, writ petition stands disposed of with liberty in favour of Petitioner to avail alternate remedy of revision within a period of 15 days from today. The time consumed in prosecuting writ petition be considered for excluding limitation period. Interim relief granted by this Court vide order dated 29th April 2026 shall remain in force till the filing of revision or the maximum period of 15 days from today.
Needless to state here that this Court has not delved into the merits of contentions of parties and parties shall be at liberty to raise all such contentions before the Revisional Authority who shall deal with the same in accordance with law.
Writ Petition stands disposed of in aforesaid terms.
In view of disposal of writ petition, nothing survives in Misc. Civil Application No.415 of 2026, which stands disposed of accordingly.
