Shri. Magan Harji Dhodi And ANR. v. The Office Of The Collector And ANR.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3410 OF 2017 Shri. Magan Harji Dhodi and anr.

..Petitioners Vs The Office of the Collector and anr.

..Respondents Mr. Shardul Singh a/w. Mr. Jesal Rathod i/b Ms Raksh Jain for the Petitioners.

None for the Respondents.

CORAM : SHANTANU S. KEMKAR & M. S. SONAK, JJ.

DATE : JULY 18, 2017.

P.C. :

.

We find that against the impugned notices/orders dated 7th February 2017 (Exhibit-A) and 18th March 2017 (at page 14 of the petition) passed by the Deputy Collector (HQ), Daman, the petitioners have got an alternative and efficacious remedy of appeal under Section 188 of the Goa Daman and Diu Land Revenue Code, 1968 (said Code).

2] In the circumstances, we are inclined to dispose of this petition by granting liberty to the petitioners to avail the alternative remedy of appeal before the Appellate Authority under the provisions of the Goa Daman and Diu Land Revenue Code, 1968. Dinesh Sherla 1/2

2 25-wp-3410-17.sxw 3] In case, the petitioners file an appeal within one month from today, the Appellate Authority shall decide the petitioners' appeal on its own merits as expeditiously as possible. The petitioners are also at liberty to file an application for stay of the impugned notices before the Appellate Authority. Till the Appellate Authority decides the petitioners' application for stay in the said appeal, the interim order passed by this Court on 22nd March 2017 directing to maintain status quo in respect of the petitioners' residential structure shall continue. 4] All contentions of the petitioners are kept open. 5] With aforesaid directions, this writ petition is disposed of. (M. S. SONAK, J.) (SHANTANU S. KEMKAR, J.) Dinesh Sherla 2/2