Sandra Fernandes v. Rajesh Vishram Sawal

2024:BHC-GOA:1198-DB 12 CA-48-2024 Jose

IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL APPLICATION NO.48 OF 2024 IN WRIT PETITION NO.338 OF 2023 SANDRA FERNANDES ... Petitioner

Versus

RAJESH VISHRAM SAWAL ... Respondent Mr Galileo Teles, Advocate for the Petitioner. Mr Deep Shirodkar, Additional Government Advocate for the Respondent No.1.

Mr S.D. Lotlikar, Senior Advocate with Ms Vaishali Mahato, Ms Sailee Kenny and Mr S. Sawant, Advocates for the Original Petitioner.

Mr Nigel da Costa Frias with Mr K. Panchal, Advocates for Respondent No.3.

CORAM:

M.S. KARNIK & VALMIKI MENEZES, JJ.

DATED:

29th July, 2024 P.C.:

1.

This Court after hearing the Petitioner as well as the Respondent, vide order dated 18.07.2023 confirmed the interim order earlier granted on 23.01.2023 on the usual terms and conditions based upon which the permissions were granted to the Petitioner earlier. 2.

The learned Counsel for the Applicant (Original Respondent No.3 in the Writ Petition) has now filed this application for vacating the 29th July, 2024

12 CA-48-2024 stay on the ground that the Original Petitioner has raised some unauthorized constructions and the Village Panchayat is not taking any action. If that is so, in our opinion, it is for the Petitioner to resort to appropriate remedies in accordance with law. Such an application, according to us, cannot be considered in a Writ Petition that the Original Petitioner is pursuing.

3.

With the liberty to resort to appropriate remedies for the grievances raised in the application, the application is disposed of. VALMIKI MENEZES, J.

M.S. KARNIK, J.

29th July, 2024 Signed by: JOSE FRANCISCO DSOUZA Designation: Personal Assistant Date: 30/07/2024 14:45:57