Ramesh H. Korgaonkar v. State Of Goa, Thr. Chief Secretary And 5 ORS

2025:BHC-GOA:703-DB WP 712 of 2024 vinita

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.712 OF 2024 RAMESH H. KORGAONKAR ... PETITIONER

Versus

STATE OF GOA, THR. CHIEF SECRETARY AND 5 ORS ... RESPONDENTS Mr Terenc Sequeira, Advocate for the petitioner. Mr Vishwadh Sardessai, Additional Government Advocate for respondent Nos. 1 and 2.

Mr V. Lawande and Mr Pradosh Dangui, Advocate for respondent Nos.4 to 6.

CORAM:- BHARATI DANGRE & NIVEDITA P. MEHTA, JJ.

DATED :- 8th April, 2025 P.C.

1. Mr Sequeira, learned counsel representing the petitioner submits that the petitioner is desirous of amending the petition in the wake of the subsequent developments.

2. Mr Lawande, learned counsel representing respondent nos. 4, 5 and 6 has invited our attention to his affidavit which is accompanied with an order passed by the Deputy Collector and SDO-I Bardez, Sub-Division, Mapusa Goa on 13.3.2025 thereby granting permission for regularisation of the structure of the respondents by exercising the power under Goa Regularisation of Unauthorised Construction Act, 2016, subject to payment of certain amount towards regularisation of 8th April, 2025

WP 712 of 2024 the unauthorised construction.

He submits that the said order is appealable under Section 7 of the Act of 2016.

3. Since the petitioner is desirous of amending the petition to raise the challenge to the aforesaid order, as initially the petition was filed seeking issuance of mandamus to direct the respondents to issue stop work order, restrain respondent nos. 4,5 and 6 from carrying out any further constructions in survey no.20/46 of village Canca and now since the construction is complete and even it is regularised the petitioner has an efficacious remedy of filing an appeal.

4. Recording the aforesaid statement, Writ Petition is dismissed.

5. Nonetheless, the petitioner is at liberty to avail such remedy as available in law.

NIVEDITA P. MEHTA, J.

BHARATI DANGRE, J.

Signed by: VINITA VIKAS NAIK Designation: Personal Assistant Date: 09/04/2025 16:31:24 8th April, 2025