Ponda court dismisses appeal of gadda owner challenging removal order
Panaji: A Ponda court dismissed an appeal by a gadda owner who challenged an order from the deputy collector and sub-divisional magistrate of Ponda to remove his gadda from the walkable footpath at a busy junction.
The court imposed costs of Rs 1,000 on Mohammed Sayed, proprietor of Sweet Dry Fruits and Pan stall, and observed that after obtaining interim relief against the SDM’s order last year, he sought repeated extensions of the stay in the hope of avoiding the unavoidable. He then tried to convert his criminal appeal into a criminal revision application, earning the ire of the court.
“The latest attempt to ‘convert’ the appeal into a revision is only another such effort on the part of the appellant. I find no merit in such a specious plea and reject the same outright by dismissing the application,” stated additional sessions judge-2, Merces, sitting at Ponda, Bosco G F Roberts.
The gadda owner stated that the panchayat granted him a trade licence for his gadda and alleged a miscarriage of justice. The court found that his establishment licence (trade) was valid up to March 31, 2024, “subject to further annual renewal of licence” and that the licence clearly mentions that since operations are on public place besides the road, operations can be shut down under instructions of the PWD/village panchayat of Borim.
The court imposed costs of Rs 1,000 on Mohammed Sayed, proprietor of Sweet Dry Fruits and Pan stall, and observed that after obtaining interim relief against the SDM’s order last year, he sought repeated extensions of the stay in the hope of avoiding the unavoidable. He then tried to convert his criminal appeal into a criminal revision application, earning the ire of the court.
The gadda owner stated that the panchayat granted him a trade licence for his gadda and alleged a miscarriage of justice. The court found that his establishment licence (trade) was valid up to March 31, 2024, “subject to further annual renewal of licence” and that the licence clearly mentions that since operations are on public place besides the road, operations can be shut down under instructions of the PWD/village panchayat of Borim.
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