Sadguru K. Shetye v. State Of Goa Thr. Chief Secretary And 5 ORS

5-WP-543-22.DOC Santosh

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 543 OF 2022 SADGURU K. SHETYE.

.... Petitioner.

Versus

STATE OF GOA THR. CHIEF SECRETARY AND 5 OTHERS.

.... Respondents Mr Ashwin D. Bhobe, Advocate for the Petitioner. CORAM :

S.V. GANGAPURWALA, ACJ & M.S. SONAK, J.

DATE :

21ST FEBRUARY 2023 P.C. :

1.

Heard the learned Counsel for the Petitioner. The learned Counsel submits that the Petitioner entered into Agreements for Sale to purchase the suit property. Unauthorised acts of felling the trees existing in the property and some construction is being carried out by Respondent No.5. The Petitioner submits that the illegal acts deserves to be stopped.

2.

The Petitioner has agreements of sale in his favour, as contended. The Petitioner, on the basis of the agreements of sale, would get right to purchase. However, the interest in the property would not be created merely on the basis of the 21/02/23

5-WP-543-22.DOC agreements of sale.

3.

The Petitioner may get his right implemented by seeking specific performance and consequential reliefs in a civil suit in accordance with law.

4.

With the aforesaid observations, the Petition is disposed of. All contentions are kept open. No costs.

(M.S. SONAK, J.) (ACTING CHIEF JUSTICE) SANTOSH S MHAMAL Date: 2023.02.22 10:02:45 +05'30'

SANTOSH S MHAMAL 21/02/23