Hermando El Hombre De Cruz @ Hermano Jose Antonio Das Dores Dcruz v. The State Of Goa, Thr. Its Chief Secretary And 3 ORS

2026:BHC-GOA:169-DB 12 WP-262-2025 Jose

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.262 OF 2025 HERMANDO EL HOMBRE DE CRUZ @ HERMANO JOSE ANTONIO DAS DORES DCRUZ ... Petitioner

Versus

THE STATE OF GOA, THR. ITS CHIEF SECRETARY AND 3 ORS.

... Respondents Mr. Varun Bhandanker, Advocate for the Petitioner. Mr. Geetesh Shetye, Additional Government Advocate for Respondent Nos. 1 and 3.

Mr. Anirudh Salkar, Advocate for Respondent No.2. Mr. Parag Rao with Mr. Akhil Parrikar, Advocates for Respondent No. 4.

CORAM:

SUMAN SHYAM & AMIT S. JAMSANDEKAR, JJ.

DATED:

3rd February, 2026 P.C.:

1.

Heard Mr. Bhandanker, learned Counsel for the Petitioner. 2.

Being aggrieved by the stop-work orders dated 10.03.2025, 12.03.2025 and 09.04.2025 issued by the Respondent Nos. 2, 3 and 4, respectively, the instant Writ Petition has been filed, inter alia, contending that the impugned orders have been issued in utter violation of the principles of natural justice. However, today, when the Writ Petition was called out, the learned Counsel for Respondent Nos. 2 and 3rd February, 2026

12 WP-262-2025 4 have both pointed out that the original licence along with the technical clearance granted by the SGPDA in favour of the Petitioner, have since expired and unless fresh licence/technical approval is granted to the Petitioner, even if the impugned stop-work orders are revoked, he cannot carry out the construction. Therefore, no live issue survives in this Writ Petition.

3.

The learned Counsel for the Petitioner has submitted that if that be so, the Writ Petitioner be granted liberty to apply for a fresh licence/technical clearance, which process must be carried out without being influenced by the previous stop-work orders. 4.

The learned Counsel for the Respondents do not have any objection to the said prayer.

5.

In view of the above, this Writ Petition stands closed as infructuous.

6.

However, the Petitioner would be at liberty to apply for fresh licence/technical clearance from the competent authority. Any application for issuance of a fresh licence/technical clearance shall be considered by the authorities on merits without being influenced by the previous stop-work orders and in a time-bound manner, preferably within a period of three months from the date of receipt of the application.

7.

The Writ Petition stands disposed of accordingly. AMIT S. JAMSANDEKAR, J.

SUMAN SHYAM, J.

3rd February, 2026 Signed by: JOSE FRANCISCO DSOUZA Designation: Personal Assistant Date: 04/02/2026 10:44:10