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Bombay High CourtPILWP/59/2019disposed of

Ana Fernandes., v. State Of Goa, Thr. The Chief Secretary And 2 ORS.,

2019-11-13Hon'Ble Shri Justice M. S. Sonak,Hon'Ble Shri Justice C. V. Bhadang3 pages

Santosh

IN THE HIGH COURT OF BOMBAY AT GOA

PUBLIC INTEREST LITIGATION W.P. NO.59 OF 2019 Ana Fernandes.

..... Petitioner.

Versus

State of Goa and others.

...... Respondents.

Mr. Amey Jagdish Sinai Kakodkar, Advocate for the Petitioner. Mr. D. Pangam, Advocate General with Ms. A. Kamat, Additional Govt. Advocate for the Respondents.

Coram : M.S. Sonak & C.V. Bhadang, JJ.

Date : 13 th November, 2019.

P.C.:- Heard Mr. Kakodkar for the Petitioner. Mr. D. Pangam, learned Advocate General appears along with Ms. A. Kamat, learned Additional Government Advocate for the Respondents.

2. The Petitioner, by filing this Petition in public interest, seeks, inter alia, for the following reliefs :

a) For a declaration that the practice of not maintaining records of Conversion Sanads issued under the Land Revenue Code as per survey numbers is violative, unreasonably restrictive and diminishing of the right to information flowing from Article 19(1)(a);

b) For a declaration to the Respondents that the records of Conversion Sanads issued under the Land Revenue Code should also be maintained as per survey numbers;

c) For a direction to publish on the website of the State the details of Conversion Sanads issued under the Land Revenue Code as per survey numbers.

3. Today, Mr. Sudin Natu, Under Secretary (Revenue-I) has filed an affidavit in the matter. Paragraphs 3 and 4 of the said affidavit, read a follows :

" 3) I say that vide the prayer clause 'b' of the Petition, the Petitioner has sought for a direction from this Hon'ble Court directing the Respondents that the records of conversion sanads as issued under the Land Revenue Code be maintained as per survey numbers. With respect to the said relief, I say that the office of the Collector of the respective district is responsible for maintaining conversion sanads as granted in terms of the provision of the Land Revenue Code.

4) I say that the Records of Rights in Form-I are maintained Survey number wise. However, information available in Conversion Sanad is not kept separate. The Department shall take effective steps to integrate the Conversion Sanad with Form-I by 1st February, 2020. Similar action will also be taken in respect of city survey records.

"

4. Mr. Kakodkar, learned Counsel for the Petitioner agrees that the aforesaid averments in the affidavit, if implemented, will substantially redress the grievances projected by the Petitioner in this public interest petition.

5. Even, according to us, once what is set out in the affidavit is implemented, the grievances of the Petitioner will stand substantially

redressed. The learned Advocate General states that consistent with the averments in the affidavit, all steps will be taken to integrate the conversion sanads with form-I by 1st February, 2020 onwards. This statement is accepted.

6. The Petition is disposed of in the aforesaid terms. There shall be no order as to costs.

C.V. Bhadang, J. M.S. Sonak, J.