Mumtaj B. Shaikh v. Maximo C. D'Souza

IN THE HIGH COURT OF BOMBAY AT GOA.

WRIT PETITION NO. 275/2008 Mumtaj B. Shaikh, resident of D'Melo Waddo, Canca, Bardez, Goa.

Petitioner

Versus

Shri Asdraleno Pedro D'Mello e Granjo President of Canca Communidade, having office at Canca, Bardez-Goa Respondent. ...

Mr. J.P. Mulgaonkar, Advocate for the petitioners. Mr. Rohit Bras De Sa, Advocate for the respondent. CORAM : F.M.REIS & K.L.WADANE, JJ DATED : 01/02/2016.

Oral Judgment (Per F.M. Reis, J):

1] Heard Mr. J.P. Mulgaonkar, the learned counsel appearing for the petitioner and Mr. Rohit Bras De Sa, the learned counsel appearing for the respondent. 2] For the reasons stated in the judgment passed today i.e. 01/02/2016 in Writ Petition No.262/2008, we pass the following order:-

Order (i) The impugned order dated 28/4/2008 is quashed and set aside and the proceedings in the case No.MAM/BAR/ILLECANCA/84/2008 and MAM/BAR/ILLE/CANCA/86/2008 are restored to file of the respondent no.2.

(ii) The petitioners, if so advised, are at liberty to obtain appropriate declaration/order from the Competent Authority with regard to their claim of tenancy over the subject property. (iii) The respondent no.2 shall proceed to decide the said show cause notice after such adjudication is finally disposed of. (iv) The petitioners shall initiate such proceedings within three months from today.

(v) The proceedings shall be stayed until such adjudication is disposed of finally by the Competent Authority. (vi) Needless to say that the respondent no.1, if so advised, they shall proceed to take action in terms of the Land Revenue Code.

(vii) Rule is made absolute in the aforesaid terms. (viii) All the contentions of the parties on merits are left open. (ix) The petition is disposed of accordingly.

K.L.WADANE, J F.M. REIS, J mukund