Andre Antonio Pereira., v. Union Of Inida, Thr. Its Secretary, Ministry Of Home Affairs, New Delhi And ANR.,

1 WP1053-19dt.13.01.2020

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 1053 OF 2019 ANDRE ANTONIO PEREIRA.

... Petitioner

Versus

UNION OF INIDA, THR. ITS SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI AND ANR.

... Respondents Petitioner present in person.

Mr. G. Panandiker holding for Mr. M. Amonkar, Standing Counsel for Respondent No.1.

Mr. Deep D. Shirodkar, Addl. Government Advocate for Respondent No.2.

Coram:- M. S. SONAK & SMT. M. S. JAWALKAR, JJ.

Date:- 13th January, 2020 P.C.

Heard Mr. Andre Antonio Pereira, the Petitioner in person. Mr. D. Shirodkar, learned Addl. Government Advocate appears for Respondent No.2 and Mr. G. Panandiker holding for Mr. M. Amonkar appears for Respondent No.1.

2.

Mr. Andre Pereira, quite fairly states that the issue involved in this petition is similar to the issues involved in Writ Petition No.139 of 2017 as well as Writ Petition No.156 of 2019. Both these petitions have

2 WP1053-19dt.13.01.2020 been disposed of by us vide orders dated 23.08.2017 and 15.10.2019 respectively.

3.

In fact, in paragraph 32 of this petition, the Petitioner has stated that the cause of action for filing the present petition has arisen after passing of the order dated 15.10.2019 in Writ Petition No.156 of 2019. The Petitioner has also sought to place reliance upon the decision of the Hon'ble Supreme Court in the case of Smt. Bhimabai Mahadeo Kambekar (D) Th. LR Vs Arthur Import and Export Company & Ors., in Civil Appeal No.1330 of 2019 decided on 31st January, 2019. 4.

Upon perusal of the aforesaid decision, we find that the Hon'ble Supreme Court, has reiterated the legal position that the revenue records do not create or extinguish the title over the land nor it has any presumptive value on the title. According to us, such issue hardly arises in the present petition.

5.

Besides, we find that the issues which the Petitioner has purported to raise in this petition are academic. In any case, there are no proper pleadings as to how such issues indeed arise in the case of the Petitioner.

6.

For all the aforesaid reasons, we dismiss this petition. There

3 WP1053-19dt.13.01.2020 shall however be no order as to costs.

SMT. M. S. JAWALKAR, J. M. S. SONAK, J. at*