Shri Krishna Arjun Betodkar And 4 ORS., v. The State Of Goa, Rep. By Its Chief Secretary And 3 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION (MAIN) NO. 381 OF 2016 SHRI KRISHNA ARJUN BETODKAR AND 4 ORS., ... Appellants

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THE STATE OF GOA, REP. BY ITS CHIEF SECRETARY AND 3 ORS., ... Respondents Shri Andra Antonio Pereira, Advocate for the petitioners. Shri P. Dangui, Addl. Govt. Advocate for the respondents. Coram:- F. M. REIS & NUTAN D. SARDESSAI, JJ.

Date:- 8th February, 2017 P.C.

This is an application filed under Article 228 of the Constitution of India. Looking into the averments in the application it is not disputed that the suit is already pending before the learned District Judge. Under Civil Courts Act the jurisdiction to entertain as against Government and other authorities is to the District Court. All the contentions being raised in the above application can be conveniently raised before the learned District Judge in accordance with law and in such circumstances,the prayer of the petitioner to transfer the suit from the District Court would not at all be justified. We find that there is no substantial question of law as to the interpretation of the Constitution arises on the basis of the contentions raised by

MCAM/381/2016 the petitioner which would require determination by this Court. All the contentions of the parties are left open.

2. The application stands disposed off accordingly. NUTAN D. SARDESSAI, J.

F. M. REIS, J.

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