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Bombay High CourtWP/338/2016withdrawn

Mrs.Jayashri Nanasahab Rajebhosale@Bimabai Rauji Rane Thr Poa Bhupendrasinh N. Rajebhosale ANR., v. State Of Goa Through Chief Secretary And 15 ORS.,

2016-04-05F. M. Reis,Hon'Ble Kum. Justice Nutan D. Sardessai3 pages

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 338 OF 2016 MRS.JAYASHRI NANASAHAB RAJEBHOSALE@BIMABAI RAUJI RANE THR POA BHUPENDRASINH N. RAJEBHOSALE ANR., ... Petitioners

Versus

STATE OF GOA THROUGH CHIEF SECRETARY AND 15 ORS., ... Respondents Mr. Jagannath Jayant Mulgaonkar, Advocate for the Petitioner. Mr. Datta Lawande, Government Advocate, for the Respondents no. 1 to 3 and 5 and 6.

Coram:- F. M. REIS & NUTAN D. SARDESSAI, JJ.

Date:- 5th April, 2016 P.C.:

Heard Shri J. J. Mulgaonkar, learned Counsel appearing for the petitioner and Shri D. Lawande, learned Government Advocate appearing for the respondents.

2. Upon hearing the learned Counsels, the main grievance of the petitioners is that in the property belonging to the petitioners there are encroachers who have put up structures and inspite of lodging complaints with the Statutory Authorities, no action has been taken thereon.

WP/338/2016

3. Shri Lawande, learned Counsel for the respondents points out that the Dy. Director of Panchayat is in the process of assuming powers under Section 66 of the Goa Panchayat Raj Act and would issue a show cause notices as to why such powers would not be exercised and proceed to examine the same in accordance with law.

4. As far as the grievance of the petitioner that no conversion has been obtained by the private respondents, Shri Lawande points out that such proceedings are in progress and the hearing is fixed on 27.04.2016.

5. Considering that the grievances of the petitioners are being presently redressed before the Statutory Authorities, we find no reason to keep the above petition pending before this Court.

6. In view of the said statements of the learned Government Advocate, the learned Counsel for the petitioner seeks leave to withdraw the petition after accepting the said statements. The said statements of the learned Government Advocate are accordingly accepted.

7. The petition stands accordingly dismissed as withdrawn. It is made clear that we have not examined the correctness or otherwise of the allegations made in the petition. All contentions of both the parties, including of the private respondents, are kept open.

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8. The petition stands accordingly disposed off. NUTAN D. SARDESSAI, J.

F. M. REIS, J.

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