Anusuya Gana Naik (Since Deceased Thr. Her Lrs) And ANR v. Ashwini Ashok Naik

2025:BHC-GOA:120 WP 45 of 2025 Jose

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.45 OF 2025 ANUSUYA GANA NAIK (SINCE DECEASED THR. HER LRS) AND ANR ... PETITIONERS

Versus

ASHWINI ASHOK NAIK ... RESPONDENT Mr Preetam Talaulikar, Advocate for the Petitioners. CORAM:- VALMIKI MENEZES, J.

DATED :- 29th January, 2025 P.C.:

1. After hearing the matter for some time, learned Advocate for the Petitioner seeks leave to withdraw this petition; he, however, submits that the Petitioner has an apprehension that any mutation that may be carried out on the force of the original order of the Collector dated 03.02.2021 or on the force of a mutation being carried out of the names of the vendors under Sale Deed dated 05.09.2015 may affect his right as agitated in Tenancy Application Nos.

B1/MAM/TNC/DECL/22/2017 and JM1/TNC/DECL/14/2017 pending before the Mamlatdar at Quepem.

2. From the nature of a mutation proceeding, it is clear that under provisions of the Land Revenue Code, the rights of the tenant, if proved in a tenancy application, would not be affected. It is, thus, 29th January, 2025

WP 45 of 2025 clarified that any mutation carried out, will be ultimately subject to the outcome of the result in the aforementioned tenancy proceedings. With this clarification, the petition is dismissed as withdrawn. VALMIKI MENEZES, J.

Signed by: JOSE FRANCISCO DSOUZA Designation: Personal Assistant Date: 29/01/2025 17:11:48 29th January, 2025