Full Judgment
Oral Judgment: (V.M. Kanade, J.)
Heard learned counsel for the petitioners and the learned counsel for the respondents.
2. By this petition which is filed under Article 226 of the Constitution of India, the petitioners are seeking the following reliefs:
(i) That the Honourable Court be pleased to issue a writ of Mandamus or a writ in the nature of Mandamus or an order directing the Respondents no.5 to 10 to immediately stop illegal constructions being carried out in the Communidade property.
(ii) That the Honourable Court be pleased to issue a writ of Mandamus or a Writ in the nature of Mandamus or an order directing the Village Panchayat, the Respondent no.4, to stop illegal constructions being carried on in the Communidade property by exercising power under section 66(3) of The Panchayat Raj Act.
(iii) That the Honourable Court be pleased to issue a writ of Mandamus or a Writ in the nature of Mandamus or an order directing the Government to give protection to the Communidade under At. 5 of the Code and direct the Collector (N) to exercise power vested under Art. 371 of the Code of Communidades for immediate demolition of the structures being put up by the Respondents no.5 to 10 in the Communidade property.
(iv) That the Honourable Court be pleased to direct the Government to appoint the Administrator and Secretary on full time basis.
v) Any other order or direction that this Hon'ble Court thinks proper in the circumstances of the case.
vi) Ad-interim ex-parte order in terms of prayers (i) and (ii) above.
3. In our view the petition can be disposed of by giving a direction to the petitioners to file a complaint in the prescribed form, if any, to the Village Panchayat and to the Collector. Upon the said complaint being received, both the authorities shall process the said complaint and take action in accordance with law, as expeditiously as possible and in any case within a period of three months.
4. With this direction, the petition is disposed of.