Vicente Jose Lisboa @ Vicente Jose Caetano Lisboa And ANR v. Union Of India Thr. Ministry Of Home Affairs And 3 ORS

10-WP-512-2022.DOC Niti

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.512 OF 2022 VICENTE JOSE LISBOA @ VICENTE JOSE CAETANO LISBOA AND ANR.

... PETITIONERS

Versus

UNION OF INDIA THR.

MINISTRY OF HOME AFFAIRS AND 3 ORS.

... RESPONDENTS Mr. Jose Filipe Melo, Advocate for the Petitioners. Mr. Pravin Faldessai, Deputy Solicitor General of India for Respondent Nos.1 & 2.

Mr. Devidas J. Pangam, Advocate General with Mr. S. Priolkar, Additional Government Advocate for the Respondent Nos.3 & 4.

CORAM:

M. S. SONAK & BHARAT P. DESHPANDE, JJ.

DATE :

1st MARCH 2023 P.C. :

1.

From the perusal of the petition and the reliefs prayed therein, we think that the petitioners have alternate and efficacious remedies available inter alia under the Land Revenue Code. This is more so because the petitioners are not challenging any order made under the Enemy Property Act, 1968 or the Enemy Property Rules, 2015. It is st March 2023

10-WP-512-2022.DOC the case of the petitioners that there are no such orders and, despite there being no orders, mutation has been affected in the survey records. If this is the petitioners' only grievance, then, the petitioners have sufficient remedies under the Land Revenue Code. 2.

On the above short ground, we decline to entertain this petition. However, we clarify that the petitioners would be entitled to avail of all other remedies that the petitioners would have in a matter of this nature. Further, we clarify that we have not examined the merits of the matter and, therefore, all contentions of all parties in this regard are kept open.

BHARAT P. DESHPANDE, J.

M. S. SONAK, J.

HALDANKAR Date: 2023.03.02 10:04:37 +05'30'

NITI K HALDANKAR st March 2023