Ivan Gerard Rodrigues v. The State Of Goa, Thr. Chief Secretary And 7 ORS

2025:BHC-GOA:722-DB WP 724 of 2024 vinita

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.724 OF 2024 IVAN GERARD RODRIGUES ... PETITIONER

Versus

THE STATE OF GOA, THR. CHIEF SECRETARY AND 7 ORS ... RESPONDENTS G. Malik, Advocate for the Petitioner.

Mr. Pravin Faldessai, Additional Government Advocate for Respondent nos. 1 to 6.

Mr. J. E. Coelho Pereira, Senior Advocate with Mr. V. Braganza, Advocate for Respondent no.8.

Mr O. Fernandes, Advocate for respondent no.7. CORAM:- BHARATI DANGRE & NIVEDITA P. MEHTA, JJ.

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

The petitioner has filed the present writ petition seeking a writ in the nature of mandamus directing the respondent nos. 3 and 7 to cease and desist from undertaking commercial activities on the tenanted land bearing survey no. 64/5 of village Cavellosim, Salcette,Goa.

2. It is grievance of the petitioner that respondent no.8 has acted in violation of Goa Agricultural Tenancy Act, 1964.

3. Respondent no. 8 has responded to the petition and has filed a detailed affidavit traversed in the pleading and the accusation levelled in the petition.

8th April, 2025

WP 724 of 2024

4. When we confronted the petitioner with his locus to raise a challenge to the in action on the part of respondent nos.3 to 6 and the action on the part respondent no. 8 to permit commercial activities on the land which is purchased by him on being declared as a tenant, learned counsel for the petitioner seek permission to withdraw the petition.

5. We must make it clear that we have refused to entertain the petition since the petitioner in an individual capacity lacked the locus, as according to us, he has failed to demonstrate as to how his legal and fundamental rights are affected.

6. Writ Petition is permitted to be withdrawn and stands disposed of. NIVEDITA P. MEHTA, J.

BHARATI DANGRE, J.

Signed by: VINITA VIKAS NAIK Designation: Personal Assistant Date: 16/04/2025 10:55:33 8th April, 2025