Shri. Kasim Sayed Ali Makander., v. The State Of Goa, Through Its Chief Secretary And 4 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 730 OF 2015 SHRI. KASIM SAYED ALI MAKANDER., ... Petitioner

Versus

THE STATE OF GOA, THROUGH ITS CHIEF SECRETARY AND 4 ORS., ... Respondents Mr. Sardessai, Senior Advocate with Mr. Kaif Noorani, Advocate for the petitioner.

Mr. V. Rodrigues, Addtional Government Advocate for the respondents.

Coram:- F. M. REIS & K. L. WADANE, JJ.

Date:- 23rd September, 2015 P.C.

Heard Mr. Nitin Sardesai, the learned Senior Advocate appearing for the petitioner and Mr. V. Rodrigues, learned Additional Government Advocate appearing for the respondents.

2. Upon hearing the learned counsel appearing for the respective parties, we find that the foundation of the petition is that the basis of the 'Thomas Committee Report' has already been accepted by the State Government and actions are being taken on the basis thereof. But however, the learned Additional Government Advocate appearing for the respondents, upon instructions from the respondent no.3, pointed out that the "Thomas Committee Report" is only an interim report, and it has not yet been accepted by the Government and the process has not yet been complete as even the report

WP/730/2015 produced on record is not a final report but only an interim report and process of surveying the land based on the plan prepared by the Thomas Committee in respect of the subject property is still in progress.

3. Considering the said statement of the learned Additional Government Advocate, we find that the foundation on which the petition has been filed, does not survive. The petition appears to be premature. The finalisation or acceptance of the report shall have to be carried out in accordance with law.

4. In view of the above, the petition does not survive and is disposed of accordingly.

5. All the contentions of the parties are left open. K. L. WADANE, J.

F. M. REIS, J.

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