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Bombay High CourtMCA/56/2024disposed of

Roshan Azavedo v. Sudesh Mayekar And ANR

2024-02-06Hon'Ble Shri Justice M. S. Sonak,Hon'Ble Shri Justice Valmiki Menezes4 pages

Esha

IN THE HIGH COURT OF BOMBAY AT GOA

WITH MISC.CIVIL APPLICATION NO.1254 OF 2024 (F), MISC.CIVIL APPLICATION NO.2045 OF 2024 (F), MISC.CIVIL APPLICATION NO.351 OF 2024, CIVIL APPLICATION NO.2216 OF 2025 (F), MISC.CIVIL APPLICATION NO.2221 OF 2024 (F), MISC.CIVIL APPLICATION NO.56 OF 2025, MISC.CIVIL APPLICATION NO.174 OF 2025, MISC.CIVIL APPLICATION NO.2874 OF 2024 (F), MISC.CIVIL APPLICATION NO.1999 OF 2024 (F) ... PETITIONERS STATE OF GOA THR CHIEF SECRETARY AND 28 ORS WITH MISC.CIVIL APPLICATION NO.1254 OF 2024 (F) IN TRIVESH MANOHAR AJGAONKAR ... APPLICANT SUDESH MAYEKAR AND 29 ORS WITH MISC.CIVIL APPLICATION NO.2045 OF 2024 (F) IN STATE OF GOA, THR. CHIEF SECRETARY AND 28 ORS.

WITH MISC.CIVIL APPLICATION NO.351 OF 2024 IN STATE OF GOA, THR. CHIEF SECRETARY AND 28 ORS.

WITH CIVIL APPLICATION NO.2216 OF 2025 (F)

IN STATE OF GOA THR CHIEF SECRETARY AND 28 ORS WITH MISC.CIVIL APPLICATION NO.2221 OF 2024 (F) IN STATE OF GOA THR CHIEF SECRETARY AND 28 ORS WITH MISC.CIVIL APPLICATION NO.56 OF 2025 IN STATE OF GOA, THR CHIEF SECRETARY AND 28 ORS WITH MISC.CIVIL APPLICATION NO.174 OF 2025 IN DERYL THOMAS BENTO DSOUZA @ DERYL THOMAS DSOUZA ... APPLICANT STATE OF GOA, THR. CHIEF SECRETARY AND 28 ORS WITH MISC.CIVIL APPLICATION NO.2874 OF 2024 (F) IN STATE OF GOA, THR. CHIEF SECRETARY AND 28 ORS WITH MISC.CIVIL APPLICATION NO.1999 OF 2024 (F) IN

STATE OF GOA, THR CHIEF SECRETARY AND 28 ORS.

Mr. Rohit Bras De Sa with Mr. Joel Pinto, Advocates for the Petitioners.

Mr. Shubham Priolkar, Additional Government Advocate for Respondent Nos. 1 to 6, 8, 9,11 to 15.

Mr. Pranay A. Kamat, Advocate for Respondent No. 7. Mr. Manish Salkar, Government Advocate for Respondent No. 10. Mr. Chaitanya Padgaonkar with Ms. Vaishali Mahato, Advocates for Respondent No. 16.

Mr. J.E. Coelho Pereira, Senior Advocate (through V.C) with Mr. Sagar Rivankar, Mr. B. Fernandes and Mr. Pancham Fadte, Advocates (through V.C) for Respondent No. 17. Mr. Kapil Kerkar, Advocate for Respondent No. 18. Mr. S. Adelkar with Mr. T. Tayaji, Advocates for Respondent Nos. 19 and 24.

Mr. Vinod Korgaonkar, Advocate for Respondent No. 25. Mr. S. Singbal, Advocate for Respondent No. 20. Mr. Ankit Tari, Advocate for Respondent No. 22. Mr. Shane Coutinho, Advocate for Respondent No. 23. Mr. Vibhav Amonkar with Mr. Shivam Fadte, Advocates for Respondent No. 28.

CORAM:- BHARATI DANGRE & ASHISH S. CHAVAN, JJ.

DATED :- 1st October, 2025 P.C:

The respective Counsel appearing for the Respondents, urge before us that the PIL Petition deserve disposal in the wake of the affidavit filed by the Village Panchayat of Calangute, through its Secretary, as the affidavit has offered the action taken against each of the Respondent and the stage where the proceedings initiated by them

are pending, or in cases where the Panchayat has initiated proceedings, the stage at which these proceedings are.

2. The learned Counsel Mr. De Sa appearing for the Petitioner would invite our attention to MCA No. 351 of 2024, by which, he seek amendment in the Petition, and this amendment is strongly opposed by the respective Counsel, representing the private parties. According to Mr. De Sa this amendment is very much necessary as in the Application seeking amendment, he has made a categorical statement that, at the relevant time, the Respondents and in particular, Respondent Nos. 17, 18, 19, 20, 21, 23, 24, 25 and 28 are carrying out the business of commercial operations like Bar and Restaurant in illegal premises without obtaining an occupancy certificate.

3. While we permit Mr. De Sa to advance his submission, we also direct the Village Panchayat of Calangute to verify the said statement, which is contained in the schedule of amendment, as we want to test the prima facie veracity of this statement and if we do not find any substance thereof, we will relegate the Petitioner to an appropriate remedy. Re-notify to 09.10.2025 at 2:30 p.m.

ASHISH S. CHAVAN, J.

BHARATI DANGRE, J.

Signed by: ESHA SAINATH VAIGANKAR Designation: Personal Assistant Date: 03/10/2025 17:05:30