Mr. Mohan Namdev Salgaonkar And 48 ORS. v. Shree.Devi Sharvani Vetal Maharudra Panchayatan Sansthan,Thr.Mr.Ramchandra S.P.Salgaonkar And 2 ORS
-1- WP-522-2016
IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION No. 522 OF 2016 Mr. Mohan Namdev Salgaokar S/o. Namdev Salgaokar Aged 63 years, Occupation Retired, Married, R/o. Sai Sauli, Room No-3, Deen Dayal, Cross Road, Shastri Nagar, Dambowli West Mumbai And Others.
... Petitioner
Versus
1.
Shree Devi SharvaniVetalMaharudra, PanchayatanSansthan, Advalpal, Saligaonwada.
The Administrator of Devalayas, Mamlatdar of Bicholim Taluka, Bicholim, Goa.
The State of Goa Through Chief Secretary, Secretary Secretariat, Porvorim, Bardez-Goa.
... Respondents Mr. A. Khandeparkar, Advocate with Mr. Rohan Pandurang Desai, Advocate for the petitioner.
Mr. P. Talaulikar, Advocate with Ms. N. Pimenta, Advocate for Respondent no. 1.
Mr. Sagar G. Dhargalkar, Additional Government Advocate for Respondents no. 2 and 3.
WITH WRIT PETITION No. 183 OF 2016 1.
Mr. Prabhakar Vithal Salgaonkar S/o. Vithal Salgaonkar Age-72 years, Married, Occupation - Retd.
R/o House No-1F 2, Alfred Apartments Kerant Caranzalem Goa.
-2- WP-522-2016 Mr. Balkrishna Utaam Salgaonkar S/o Uttam Salgaonkar Age-43 years, Married, Occupation-Service R/o House No-19/C, Parcem Pernem Goa.
Mr. Bibishan Babuso Salgaonkar S/o Babuso Salgaonkar Age-28 years, Bachelor, R/o House No-168/A, Parcem Deoulwada Parcem Pernem Goa.
4.
Mr. Ramesh Namdev Salgaonkar S/o Namdev Salgaokar Age-58 Years, Married, occupation-Retd.
R/o Post Kankavli, Zilla Sindhudurg Maharashtra.
5.
Mr. Anil Shiva Salgaokar S/o Shiva Salgaokar Age-41 Years, occupation-Business Married, and R/o House No-871/10 Aldona Bardez-Goa.
... Petitioners V/s.
1.
Shree Devi Sharvani Vetal Maharudra Panchayatan Sansthan, Advalpal, Saligaonwada, P.O. Assnora Bicholim-Goa, Through its Ad Hoc Managing Committee, Represented by its Attorney, Mr. Ramchandra Shrikrishna Prabhu Salgaonkar, Major of Age, Married, With office at Advalpal, Saligaonkarwadda, P.O. Assnora Bicholim Taluka Bicholim Goa.
The Administrator of Devalayas, Mamlatdar of Bicholim Taluka, Bicholim Goa.
The State of Goa, Through Chief Secretary, Secretary.
.... Respondents.
Mr. A. Khandeparkar, Advocate with Mr. Rohan Pandurang Desai, Advocate for the petitioner.
-3- WP-522-2016 Mr. P. Talaulikar, Advocate with Ms. N. Pimenta, Advocate for Respondent no. 1.
Mr. A. Gomes Pereira, Additional Government Advocate for Respondents no. 2 and 3.
Coram:- F. M. REIS & NUTAN D. SARDESSAI, JJ.
Date : 01 st August, 2017.
ORAL JUDGMENT:
Heard Mr. A. Khandeparkar, learned Counsel appearing for the petitioner and Mr. P. Talaulikar, Advocate for the respondent no. 1. During the course of the hearing of the above Petition, Mr. Khandeparkar, learned Counsel appearing for the Petitioner points out that the above petition may be conveniently disposed of based on the terms in the companion Petition bearing Writ Petition No. 171 of 2016 disposed of by Judgment dated 03.05.2017.
It is not disputed by the learned Counsel that the matters being examined by the Adjudicator in terms of the said Judgment dated 03.05.2017 would cover the allegations made by the Petitioner in the above Writ Petition. It is also not in dispute that the challenge in the above Petition is also to the catalogue which was the subject matter of the Writ Petition bearing No. 171 of 2016. Considering the similarity of the disputes in both the above Petitions we find that the above Petition can be disposed of in
-4- WP-522-2016 terms of the Judgment and the Minutes of Order dated 03.05.2017 passed in Writ Petition No. 171 of 2016.
4.
Mr. Khandeparkar, the learned Counsel appearing for the Petitioner further points out that the Adjudicator should consider the matter in terms of the said Judgment and not travel beyond the directions issued therein and clarification to that effect be issued in the present petition. We are not inclined to grant any clarification on that aspect and the Petitioner, if so advised, may raise such contention before the Adjudicator who shall decide such contention in accordance with law 5.
Subject to above, the Petition stands disposed of in terms of the Judgment dated 03.05.2017 and the Minutes of Order therein marked as Annexure 'X' for identification. Rule stands disposed of, accordingly. NUTAN D. SARDESSAI, J.
F. M. REIS, J.
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