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Bombay High CourtMCA/134/2025disposed of

The Director, Directorate Of Sports And Youth Affairs v. Arjun Krishna Parab (Since Deceased) Thr. Lrs And 20 ORS

2025-06-13Hon'Ble Shri Justice Valmiki Menezes7 pages

2025:BHC-GOA:941 Jose

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.225 OF 2025 WITH MISC. CIVIL APPLICATION NO. 134 OF 2025 IN WRIT PETITION NO.225 OF 2025 WITH MISC. CIVIL APPLICATION NO. 411 OF 2024 IN WRIT PETITION NO.225 OF 2025 The Director, Directorate of Sports & Youth Affairs, Government of Goa, Panaji Goa.

... Petitioner.

Versus

Full address of the Interested person

1. Arjun Krishna Parab (Since deceased) Through his Legal Heirs, a) Mr Deepak Krishna Parab b) Mr Shripad Sonu Parab

2. Keshav Sitaram Parab (since deceased through his Legal heirs) a) Smt Vimal Vishwanath Parab

3. Shri Somnath Appa Parab (since deceased) Through his legal heirs 3(a) Shri Apa Somnath Parab, s/o late Somnath Parab

Major of age, Indian National, All R/o Varchawada, Virnoda, Pernem Goa 3(b) Pramod Somnath Parab, s/o Late Somnath Parab Major of age, Indian National, r/o Varchawada Virnoda Pernem Goa 3(c) Pradeep Somnath Parab, s/o Late Somnath Parab, Major of age, Indian National, r/o Varchawada, Virnoda,

4. Kema Bika Parab (since deceased through his legal heirs) a) Mr Ramnath Khema Parab

5. Mr Atmaram Bhika Parab (since deceased through legal heirs) 5 a) Shri Ashok Atmaram Parab s/o Late Atmaram Parab, Major of age, Indian National r/o Varchawada, Virnoda Pernem Goa 5b) Shri Deep Atmaram Parab s/o Late Atmaram Parab, Major of age, Indian National r/o Varchawada, Pernem 5c) Shri Nitin Atmaram Parab s/o late Atmaram Parab

Major age, Indian National, R/o Varchawada, Virnoda Pernem

6. Mr Laddu Bhika Parab (since deceased through his legal heirs) a) Mr Bhikaji Laddu Parab

7. Mr Navso Bhika Parab (since deceased through his legal heirs) a) Mr Nandakumar Navso Parab

8. Mr Vishram Bhika Parab (since deceased through legal heirs) a) Mr Bhavesh Vishram Parab

9. Mr Krishna Dhondu Parab (since deceased through his legal heirs) a) Mr Anil Chandrakant Parab

10. Mr Rajaram Dhondu Parab (since deceased through his legal heirs) a) Anusuya Shashikant Parab

11. Mr Govind Dhondu Parab (since deceased through his legal heirs) a) Mr Dhondu Govind Parab

12. Mr Vaman Dhondu Parab (since deceased through his legal heirs) a) Mr Durgadas Vaman Parab

13. Mr Sadhashiv Tuke Parab (since deceased through his legal heirs) a) Mr Prakash Sadhashiv Parab

14. Mr Sadashiv Tato Parab (since deceased through his legal heirs) a) Mr Prakash Sadhashiv Parab

15. Mr Madan Vyankatesh Parab

16. Mr Ramchandra Vyaku Parab (since deceased through his legal heirs) a) Mr Rajendra Ramchandra Parab

17. Mr Shiva Govind Parab (since deceased through his legal heirs) a) Mr Shantaram Govind Parab

18. Mr Mukund Vishnu Parab (since deceased through his legal heirs) a) Mr Shivram Mukund Parab

19. Mr Namdev Nakul Parab (since deceased through legal heirs) a) Bala Namdev Parab

20. Mr Datta Bhaji Parab (since deceased through his legal heirs) a) Mr Prakash Datta Parab

21. Mr Ankush N Parab (since deceased) through his legal heirs 21a)Shri Dharma Ankush Parab, s/o late Ankush Parab, major of age, Indian National, All R/o Varchawada, Virnoda, Pernem -Goa 21b) Shri Umesh Ankush Parab,

s/o late Ankush Parab, Major of age, Indian National, R/o Varchawada, Virnoda, Pernem-Goa 21c) Shri Mahesh Ankush Parab, s/o late Ankush Parab, major of age, Indian National, R/o Varchawada, Virnoda, Pernem -Goa 21d) Mrs Draupadi Vishram Parab, D/o late Ankush Parab, Major of age, Indian National, r/o Varchawada, Virnoda, Pernem Goa 21e) Shri Ramesh Ankush Parab, s/o late Ankush Parab, major of age, Indian National, r/o Varchawada, Virnoda, Pernem-Goa 21f) Shri Chandrashekhar Ankush Parab, s/o late Ankush Parab, major of age, Indian National, r/o Varchawada, Virnoda, Pernem -Goa.

... Respondents.

Ms. Sulekha Kamat, Additional Government Advocate for the Petitioner.

Mr. J. Supekar, Advocate for Respondent Nos.1(a), 1(b), 2(a), 3(a) to 3(c), 4(a), 5(a) to 5(c), 6(a), 7(a), 8(a), 9(a), 10(a), 11(a), 12(a), 13(a), 14(a), 15, 15(a), 16(a) and 19(a).

CORAM:

VALMIKI MENEZES, J.

DATED:

ORAL JUDGMENT:

1.

Heard learned Counsel for the parties.

2.

Rule. Rule made returnable forthwith. With the consent of the parties, petition is disposed of finally.

3.

This Writ Petition impugns orders dated 29.09.2023 and 06.11.2023 passed by the Principal District & Sessions Court, North Goa at Panaji in Land Acquisition Case No.21/2011. 4.

By the first impugned order, the District Court has dismissed the application filed by the State for production of a document which is an agreement between the State and its consultant dated 29.01.2009.

5.

By the second impugned order, the District Court has dismissed the review application holding that the document was incomplete and the Respondent is unable to show the relevance of this document.

6.

After hearing this matter for some time, it would be appropriate that, subject to deciding the relevance of the document at the final hearing stage, the same may be produced in evidence through a witness, subject to its proof. It is noticed that the document sought to

be produced is incomplete on its face, since Annexure 1 to Appendix D, is missing. So also it appears that Annexures 3 and 4 of which Annexure 4 is referred to in Appendixes B and C are also missing. 7.

Consequently, the impugned orders, by consent, are set aside. The District Court is directed to allow the Petitioner/Directorate of Sports and Youth Affairs to examine its witness and produce/tender this document in evidence, subject to its proof and subject to the objections/cross examination on the missing Annexures/Appendixes. The question of relevance of the document may also be decided after it is produced and cross examination thereon is complete, at the stage of final arguments.

8.

Rule is made absolute in the above terms.

9.

Petition stands disposed of. No costs.

10.

In view of the disposal of this petition, pending Misc. Civil Applications also stand disposed of.

VALMIKI MENEZES, J.

Signed by: JOSE FRANCISCO DSOUZA Designation: Personal Assistant Date: 16/06/2025 10:47:04