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Bombay High CourtWP/121/2024disposed of

Praveen R. Bhat v. State Of Goa Thr Chief Secretary And 5 ORS

2024-02-05Hon'Ble Shri Justice M. S. Sonak,Hon'Ble Shri Justice Valmiki Menezes2 pages

WP 121 of 2024 Maria S.

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.121 OF 2024 PRAVEEN R. BHAT ... PETITIONER

Versus

STATE OF GOA THR CHIEF SECRETARY AND 5 ORS ... RESPONDENTS Mr Sahil Sardessai, Advocate for the Petitioner. Mr Devidas J. Pangam, Advocate General with Mr Geetesh Shetye, Additional Government Advocate for Respondent State. CORAM:- M. S. SONAK & VALMIKI SA MENEZES, JJ.

DATED :- 5th February, 2024 P.c.

Heard Mr Sardessai, learned counsel for the petitioner. Learned Advocate General appears along with Mr Shetye, for respondents no.1, 3, 4 and 5.

2. The petitioner complains of inaction on the part of the statutory authorities and seeks a mandamus directing them to take cognizance of the petitioner's complaint concerning some construction being put up by the sixth respondent. Mr Sardessai submits that this construction is coming up on the petitioner's property for which a civil suit is already filed and is pending before the Civil Court. He also points out that the Gram Sabha permission for putting up such construction is already 5th February, 2024

WP 121 of 2024 challenged before the Additional Director of Panchayat and that challenge is also pending.

3. From the complaint made by the petitioner, his main grievance is that the construction of an arch is coming up on the property belonging to the petitioner.

4. Considering the above, it is only appropriate that the petitioner pursues the proceedings already initiated by him for the protection of his alleged proprietory rights in the property. Since the Civil Court and the Director of Panchayat is already seized of the matter, we cannot say that this is a case of some inaction on the part of the authorities.

5. For the above reason, we decline to entertain this petition but leave it open to the petitioner to pursue his remedies in the proceedings already initiated by him.

VALMIKI SA MENEZES, J.

M. S. SONAK, J.

Date: 2024.02.05 17:11:40 +05'30'

MARIA SUZANA REBELLO 5th February, 2024