Maria De Conceicao Afonso And ANR v. State Of Goa, Thr. Chief Secretary And 8 ORS
22-WP-787-24.DOC Suchitra
IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO.787/2024 ... PETITIONERS MARIA DE CONCEICAO AFONSO AND ANR.
Versus
STATE OF GOA, THR. CHIEF SECRETARY AND 8 ORS.
... RESPONDENTS Ms Apeksha Kalokhe, Advocate for the Petitioners. Mr P. Faldessai, AGA for the State.
CORAM:
M. S. KARNIK & NIVEDITA P. MEHTA, JJ.
DATE:
20th JANUARY 2025 P.C.:
1.
Heard Ms Apeksha Kalokhe for the petitioners and Mr P. Faldessai, learned AGA for respondents no.1 and 3 to 6.
2.
It is the contention of the learned counsel for the petitioners that the buses are parked illegally in a private property belonging to the petitioners. It is also the case of the petitioners that the buses are being parked in public places near the petitioners' place of residence. he impugned order records that the buses are parked in petitioners' private property and are not parked on public places. Hence, the matter does not come under the jurisdiction of the respondent authority.
3.
From the complaint made to the Assistant Director of Transport which is at page 51 of the paper book, we ind that apart from the parking 20th January, 2025
22-WP-787-24.DOC of the buses in the private property belonging to the petitioners, a grievance is also raised that one of the bus was parked on the road which is a public place. his aspect has not been dealt with by the respondents. Respondent no.6 to ensure that appropriate action is taken against the buses which are parked in a public place as is the grievance of the petitioners.
4.
Further, since it is speciically alleged that the respondent no.7 is parking the buses in the private property of the petitioners and a complaint to that efect has been made to the police which is at page 65 for trespassing in private property, we direct the Police Inspector, Police Outpost Taligao to look into this matter and take action on the basis of this complaint in accordance with law. It is open for the petitioners to thereafter pursue the appropriate remedies in accordance with law. If it is alleged that the buses are being parked in public place, it is open to the petitioners to make a comprehensive representation to respondent no.6 along with materials in support of their submissions. If such a representation is made, the same shall be dealt with by respondent no.6 expeditiously and in accordance with law by taking action against such unauthorised parking in public place.
5.
he petition is disposed of in above terms. No cost. NIVEDITA P. MEHTA, J.
M. S. KARNIK, J.
Signed by: SUCHITRA NANDAN SINGBAL Designation: Personal Assistant Date: 21/01/2025 10:29:53 20th January, 2025