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Bombay High CourtWP/696/2019disposed of

Four Wall Developers, Thr. Its Partner, Ebrahim Haroon And 2 ORS., v. State Of Goa, Thr. The Chief Secretary And 8 ORS.,

2019-08-20Hon'Ble Shri Justice M. S. Sonak,Hon'Ble Kum. Justice Nutan D. Sardessai2 pages

1 wp696-19dt.20.08.19 Santosh

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 696 OF 2019 M/s. Four Wall Developers & ors.

.....

Petitioners.

Versus

State of Goa and others.

.....

Respondents.

Mr. Nikhil Pai, Advocate for the Petitioners. Mr. D.J. Pangam, Advocate General with Mr. S.P. Munj, Additional Government Advocate for Respondents No.1 and 2. Coram : M.S. Sonak & Nutan D. Sardessai, JJ.

Date : 20th August, 2019.

P.C.:- Heard Mr. Nikhil Pai, learned Counsel for the Petitioners and Mr. D. Pangam, learned Advocate General, along with Mr. S.P. Munj for Respondents No.1 and 2.

2.

Since the only relief claimed in this Petition was to direct expeditious disposal of the partition case No.15/184/2017/PART/ LAND/II, pending before the Deputy Collector and SDO-II, Mapusa, we did not deem it necessary to issue notices to the remaining Respondents.

3.

We, however, made an inquiry with the learned Advocate General as regards the pendency position before the Deputy Collector of Bardez. Out of these, 620 cases are instituted only in the last

2 wp696-19dt.20.08.19 year. Cases which are pending since 1 to 2 years number about 28, and cases which are pending since 2 to 3 years number about 10. 4.

Mr. Nikhil Pai points out that the Petitioners' case is pending since the year 2017 and, therefore, would fall in the category of 28 cases pending since 1 to 2 years.

5.

The learned Advocate General makes a statement that the Petitioners' case No.15/184/2017/PART/LAND/II will be disposed of by the Deputy Collector on its own merits and in accordance with law, within a period of four months from today. We accept this statement and issue directions accordingly.

6.

According to us, the aforesaid directions redress the grievance of the Petitioners. The Deputy Collector should afford an opportunity of hearing to all the parties and dispose of the Petitioners' partition case No.15/184/2017/PART/LAND/II within a period of four months from today, on its own merits and in accordance with law.

7.

The Petition is disposed of in the aforesaid terms. 8.

All concerned to act on the basis of an authenticated copy of this order.

Nutan D. Sardessai, J. M.S. Sonak, J.