The petitioner sought expedited disposal of an allotment application. The Court refused, stating the Comunidad is bound by its earlier stance and precluded from disposing property until the pending inquiry concludes. The petition was dismissed.
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IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO.135 OF 2021
JERONIMO OLIVEIRA DE SOUZA …Petitioner
VS
THE STATE OF GOA,
THR.CHIEF SECRETARY AND 3 ORS.…Respondents
Mr. C. A. Ferreira, Advocate for the Petitioner.
Mr. S. P. Munj holding for Mr. M. Salkar, Government Advocate for the
Respondent Nos. 1 to 3.
Mr. Anthony D'Silva, Advocate for Respondent No.4.
Coram:- M. S. SONAK &
SMT. M. S. JAWALKAR, JJ.
Date :- 15th July 2021
P.C.
Heard Mr. Ferreira, learned counsel for the Petitioner, Mr.
Munj, learned Additional Government Advocate holding for Mr. M.
Salkar for Respondent Nos. 1, 2 and 3 and Mr. Silva, learned counsel
appearing for Respondent No.4.
2By this petition, the Petitioner wants his application for
allotment of plot to be disposed of expeditiously. Although the prayer,
appears to be innocuous, we note that the Under Secretary (Revenue)
has filed an affidavit before us, in which, he has stated that in some
petitions which were instituted before this Court, on behalf of the
Comunidade, there was a statement made that till the conclusion of
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inquiry into certain allegedly illegal allotment of plots, the Managing
Committee will not take any decision with regard to the disposal of the
property of the Comunidade.
3According to us, until the inquiry is concluded one way or
the other, the Comunidade, will be bound by its own stance and
precluded from entertaining any applications involving of disposal of its
property.
4Any direction in this petition to consider the Petitioner's
application will virtually amount to permitting the Comunidade to
escape the consequences of its own statement.
5Therefore, we are not inclined to entertain this petition.
This petition is accordingly dismissed. There shall be no order as to
costs.
SMT. M.S. JAWALKAR, J. M.S. SONAK, J.
at*
Digitally signed by TARI AMRUT TARI AMRUT NAGESH NAGESH Date: 2021.07.16 11:49:56 +05'30'
1 issue framed by the court
Whether the Court should entertain a petition for allotment of plot given the Comunidad's stance of withholding decisions pending an inquiry into alleged illegal allotments.
JERONIMO OLIVEIRA DE SOUZA
THE STATE OF GOA
THROUGH THE CHIEF SECRETARY
3 ORS
4 ORS
M. S. SONAK
M. S. JAWALKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court