Adwalpalkar Construction And Resorts Pvt. Ltd Rep By Director Mahesh Adwalpalkar And ANR v. Mamlatdar Of Tiswadi And 7 ORS

WP 142 of 2024 shakuntala

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.142 OF 2024 ADWALPALKAR CONSTRUCTION AND RESORTS PVT. LTD REP BY DIRECTOR MAHESH ADWALPALKAR AND ANR ... PETITIONERS

Versus

MAMLATDAR OF TISWADI AND 7 ORS ... RESPONDENTS Mr. Shivan Desai with Mr. Aniroodh C. Sardesai, Advocate for the Petitioners.

Mr. Deep Shirodkar, Additional Government Advocate for Respondent No. 1 to 5.

Mr. Preetam Talaulikar along with Ms. Neha Kholkar, Advocates for the Respondent No. 7 CORAM:- BHARAT P. DESHPANDE & VALMIKI SA MENEZES, JJ.

DATED :- 2nd February, 2024 P.C.

1. Heard Mr. Desai, learned Counsel appearing for the Petitioner, Mr. Shirodkar, learned Additional Government Advocate appearing for Respondent No. 1 to 5 and Mr. Talaulikar, learned Counsel appearing for Respondent no. 7.

2. After hearing Mr. Desai for some time and on pointing out that there is an alternate efficacious remedy available to the Petitioner by way of filing an appeal before the Administrative Tribunal, Mr. Desai seeks leave to withdraw the present petition with liberty to approach the Administrative Tribunal.

2nd February, 2024

WP 142 of 2024

3. He submits that the Petitioner will file an appeal within a period of one week from today. He prays that the Administrative Tribunal be directed to consider the request of the Petitioner for urgent relief since the issue which has been raised in the matter pertains to the attachment of the entire property worth more than 100 crores for a recovery which is less than 1 crore

4. Mr. Desai also points out that during the earlier petition, Petitioner has deposited around Rs.24,50,000/- (Rupees Twenty Four Lakhs Fifty Thousand only)

5. Leave granted to withdraw the present petition with liberty to approach the learned Administrative Tribunal by filing an appeal.

6. In case of an appeal preferred by the Petitioner within a period of one week along with any application for interim relief, the Tribunal may consider such interim application on its own merits and in accordance with law as expeditiously as possible.

7. With the above observations, the Petition stands disposed of with the above leave.

VALMIKI SA MENEZES, J.

BHARAT P. DESHPANDE, J.

2nd February, 2024