Joseph Lobo Alias Jose Santana Lobo And ANR v. The State Of Goa, Thr. Its Chief Secretary And 2 ORS

vinita

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.66 OF 2025 JOSEPH LOBO ALIAS JOSE SANTANA LOBO AND ANR ... PETITIONERS

Versus

THE STATE OF GOA, THR. ITS CHIEF SECRETARY AND 2 ORS ... RESPONDENTS Mr Saish Naik, Advocate for the petitioners.

Ms Maria Corriea, Addl. Govt. Advocate for respondent nos.1 and 2. CORAM:- M. S. KARNIK & NIVEDITA P. MEHTA, JJ.

DATED :- 11th February, 2025 P.C.

Heard Mr Saish Naik, learned counsel for the petitioner and Ms Maria Correia, learned Addl. Govt. Advocate for respondent nos.1 and 2.

2. Petitioner prays for direction to respondent no.2- The Department of Settlement and Land Records to take action and conduct a re-survey thereby demarcating the boundaries of Chalta No. 164 P.T. Sheet No. 59 and bring on the city survey plan the 12 steps which joins the main staircase leading to the road at Altinho in accordance with law, within time bound manner. Further prayer is made for direction to respondent no.3 --The Corporation of City of Panaji to clear the debris on the 12 steps connecting the property of respondent no.1 bearing chalta No.

164 P.T. Sheet No. 59 and staircase which joins the main road to Altinho.

3. Annexed to the petition is the representation dated 2.7.2024 requesting the concerned authorities to take action with regard to the reliefs sought. Some of the reliefs pertain to the Corporation of the City of Panaji. Representation is addressed to the Corporation of the City of Panaji as well.

4. Ms Maria Correia, learned Addl. Govt. Advocate appearing on behalf of respondent nos.1 and 2 submitted that survey has already been conducted and necessary entries are made in the property card of Panaji City. According to the learned Addl. Govt. Advocate Form D under Rule 7 under Goa Land Revenue (City Survey) Rules 1969 clearly shows that PT Sheet no. 59, chalta no. 164 comprises an area of 44 sq. mts. She therefore submits that the present petition should not be entertained.

5. In our opinion considering the reliefs prayed in the petition, as well as the demand made by the petitioner in the representation dated 2.7.2024, the present petition can be disposed of by directing the authorities to look into the representation and take necessary action within a period of twelve weeks from today.

6. The petitioner to place a copy of this order on the record of all the concerned authorities as mentioned in the representation dated 2.7.2024. All contentions are kept open.

7. The Petition stands disposed of. No costs. NIVEDITA P. MEHTA, J.

M. S. KARNIK, J.

Signed by: VINITA VIKAS NAIK Designation: Personal Assistant Date: 14/02/2025 14:44:56