Bombay High CourtWP/100/2019disposed of

Rosalina Conceicao Colaco And 3 ORS., v. State Of Goa, Thr. Chief Secretary And 3 ORS.,

2019-02-04Hon'Ble Shri Justice M. S. Sonak,Hon'Ble Shri Justice Prithviraj K. Chavan2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 100 OF 2019 ROSALINA CONCEICAO COLACO AND 3 ORS., ... Petitioners

Versus

STATE OF GOA, THR. CHIEF SECRETARY AND 3 ORS., ... Respondents Ms. Sonali Ghadi, Advocate for the petitioners. Mr.S. Dhargalkar, Addl. Govt. Advocate for the respondents. Mr. Cleasby Dias, Executive Engineer Works Division IX present.

Mr.Mohan Naik, Technical Assistant present.

Coram:- M. S. SONAK & PRITHVIRAJ K. CHAVAN, JJ.

Date:- 4th February 2019 P.C.

Mr. Cleasby Dias, Executive Engineer Works Division IX and Mr.Mohan Naik, Technical Assistant, who are present in the Court state that they have already given water connection. The learned Counsel for the petitioners states that necessary pipelines were provided by the petitioners in order to facilitate aforesaid exercise. The statement made by the Executive Engineer is, therefore, accepted. According to us, grievance raised in this petition, no longer survives and this petition, therefore, now disposed of.

2. Mr. Dhargalkar, learned Addl. Govt. Advocate points out that

WP/100/2019 in the present case, it is the petitioners, who had complained about leakage of pipeline and in pursuance of such complaint, water supply connection was discontinued so as to enable repair works. The petitioners, however, by suppressing the facts that they had made the complaint, chose to rush to this Court and instituted present petition. If this is correct, then, this is certainly not the conduct which is expected from the petitioners. Even we took up this petition with utmost expedition because, it concerns supply of water, which, is accepted as an essential services.

3. Now that the water connection has been restored, we do not deem it appropriate to take any action against the petitioners.

4. We also appreciate the prompt steps taken by the Executive Engineer and the other officials of this department.

5. With the aforesaid observations, this petition is disposed of. PRITHVIRAJ K. CHAVAN, J.

M. S. SONAK, J.