Communidade Of Pirna, Thr. Its Attorney, Shrikrishna Vasudev Naik And 2 ORS., v. State Of Goa, Thr. Its Chief Secretary And 3 ORS.,

1 WP171-18-28-2-18 Santosh IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.171 OF 2018 Communidade of Pirna, through its Attorney, Shrikrishna V. Naik & 2 Ors. ..... Petitioners V/s.

State of Goa, through its Chief Secretary and others.

....... Respondents.

Mr. Shashikant Narayan Joshi & Ms. Sameera Bhat, Advocates for the Petitioners.

Mr. Dattaprasad Lawande, Advocate General with Mr. Amogh Prabhudessai, Additional Govt. Advocate for respondents No.1 to 3. Coram : N.M. Jamdar & Prithviraj K. Chavan, JJ.

Date : 28 February 2018.

P.C.:

Heard the learned Counsel for the Petitioner. The Petitioners have sought a judicial inquiry either from a sitting District Judge or the Registrar of this Court and also sought for directions for institution of criminal prosecution.

2. A perusal of the petition indicates that there was a civil dispute pending between the parties, which was disposed of in terms of the consent terms. The petitioners allege fraud while executing the

2 WP171-18-28-2-18 consent terms. The petitioners have remedies in the Civil and Criminal Courts in respect of the same. As on date, there is no conclusion reached by any competent Court regarding the fraud as sought to be alleged by the petitioners. It is not possible for us to direct an inquiry as indicated, on the basis of the material placed before us. As and when the competent Court renders conclusive findings regarding the fraud, the question of inquiry may arise for consideration. Therefore, at this stage, we cannot entertain the writ petition, which is, accordingly, disposed of. Prithviraj K. Chavan, J.

N.M. Jamdar, J.