Jeronimo Oliveira De Souza v. The State Of Goa, Thr. Chief Secretary And 3 ORS

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 :- 15 th 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.

By 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

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.

According 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.

Any 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. Therefore, 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* NAGESH Date: 2021.07.16 11:49:56 +05'30'

TARI AMRUT NAGESH