Dinkar Shripad Barve v. The State Of Goa Thr. The Chief Secretary And 8 ORS

2025:BHC-GOA:462-DB WP 393 of 2024 vinita

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.393 OF 2024 DINKAR SHRIPAD BARVE ... PETITIONER

Versus

THE STATE OF GOA THR. THE CHIEF SECRETARY AND 8 ORS ... RESPONDENTS Mr Purushottam Karpe and Ms Samiksha Narvekar, Advocate for the petitioner.

Mr Parag Rao and Mr Akhil Parrikar, Advocate for Respondent No. 9.

Ms Sapna Mordekar, AGA for respondent nos.1 to 5 and 7. CORAM:- A. S. CHANDURKAR & NIVEDITA P. MEHTA, JJ.

DATED :- 17th March, 2025 P.C.

Heard Mr P. Karpe, learned counsel for the petitioner.

2. The prayer made in the present Writ Petition is for direction to be issued to respondent nos. 1 to 8 to take action against illegal construction alleged to be carried out by respondent no. 9. It however appears from the record that the petitioner has filed Civil Suit no. 82/2011 wherein respondent no. 9 herein has been arrayed as defendant no. 9.

3 In the Civil Suit, the petitioner has prayed for permanent mandatory injunction directing defendant no. 9 to demolish the illegal construction. It is informed that the suit was dismissed for want of 17th March, 2025

WP 393 of 2024 prosecution. However, proceedings for its restoration are pending.

4. In view of the aforesaid, since similar prayers as made in the civil suit are made in the present writ petition, we are not inclined to entertain the writ petition. With liberty to the petitioner to pursue the civil suit on all grounds raised therein, the Writ Petition is disposed of as not entertained. All points are kept open. No costs. NIVEDITA P. MEHTA, J.

A. S. CHANDURKAR , J.

Signed by: VINITA VIKAS NAIK Designation: Personal Assistant Date: 17/03/2025 17:52:54 17th March, 2025