Premavati Janu Velip v. Administrator Of Communidade, Rep. By Its Attorney And ANR

WP 15 2021

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 15 OF 2021 PREMAVATI JANU VELIP ...... PETITIONER V E R S U S ADMINISTRATOR OF COMMUNIDADE, REPL BY ITS ATTORNEY AND ANR. ..... RESPONDENT Mr. P. A. Kamat, Advocate for the Petitioner Mr. M. Salkar, Government Advocate for the Respondent no.1 Mr. Sagar Rivankar, Advocate for the Respondent no.2. CORAM: DAMA SESHADRI NAIDU, J.

Date: 23rd March, 2021 O R D E R:

The petitioner claims to be the tenant. But the first respondent, through an order dated 28/12/2020, declared the petitioner an encroacher. That declaration is said to be ex parte. Aggrieved, the petitioner has filed this Writ Petition.

2.

In response to the submissions advanced by the petitioner's counsel, Mr. M. Salkar, the learned Government Advocate for the first respondent, on instructions, submits that the matter may be remanded so that the issue could be agitated on the merits.

3.

I, therefore, set aside the impugned order dated 28/12/2020 and

WP 15 2021 remand the matter to the first respondent for fresh disposal. DAMA SESHADRI NAIDU, J.

AP/- MARIA AURA PEREIRA by MARIA AURA PEREIRA Date: 2021.03.23 14:38:25 +05'30'