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2025 DAILYLAW 36141 (BOM)

ROSHAN AZAVEDO v. STATE OF GOA, THR CHIEF SECRETARY AND 28 ORS

MCA/462/2024 · 2025-02-12

Nivedita P Mehta, Shri M S Karnik

Public Interest Litigationbody2025

Judgment text

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PILWP 1 of 2024 Esha IN THE HIGH COURT OF BOMBAY AT GOA PUBLIC INTEREST LITIGATION WP NO.1 OF 2024 WITH MISC.CIVIL APPLICATION NO.1254 OF 2024 (F), MISC.CIVIL APPLICATION NO.2045 OF 2024 (F), MISC.CIVIL APPLICATION NO.351 OF 2024, CIVIL APPLICATION NO.2216 OF 2025 (F), MISC.CIVIL APPLICATION NO.2221 OF 2024 (F), MISC.CIVIL APPLICATION NO.56 OF 2025, MISC.CIVIL APPLICATION NO.174 OF 2025, MISC.CIVIL APPLICATION NO.2874 OF 2024 (F), MISC.CIVIL APPLICATION NO.1999 OF 2024 (F) PUBLIC INTEREST LITIGATION WP NO.1 OF 2024 SUDESH MAYEKAR AND ANR ... PETITIONERS Versus STATE OF GOA THR CHIEF SECRETARY AND 28 ORS ... RESPONDENTS WITH MISC.CIVIL APPLICATION NO.1254 OF 2024 (F) IN PUBLIC INTEREST LITIGATION WP NO.1 OF 2024 TRIVESH MANOHAR AJGAONKAR ... APPLICANT Versus SUDESH MAYEKAR AND 29 ORS ... RESPONDENTS WITH MISC.CIVIL APPLICATION NO.2045 OF 2024 (F) IN PUBLIC INTEREST LITIGATION WP NO.1 OF 2024 SUDESH MAYEKAR AND ANR ... APPLICANTS Versus STATE OF GOA, THR. CHIEF SECRETARY AND 28 ORS. ... RESPONDENTS WITH MISC.CIVIL APPLICATION NO.351 OF 2024 IN PUBLIC INTEREST LITIGATION WP NO.1 OF 2024 SUDESH MAYEKAR AND ANR ... APPLICANTS Versus STATE OF GOA, THR. CHIEF SECRETARY AND 28 ORS. ... RESPONDENTS WITH CIVIL APPLICATION NO.2216 OF 2025 (F) 1st October, 2025 PILWP 1 of 2024 IN PUBLIC INTEREST LITIGATION WP NO.1 OF 2024 SUDESH MAYEKAR AND ANR ... APPLICANTS Versus STATE OF GOA THR CHIEF SECRETARY AND 28 ORS ... RESPONDENTS WITH MISC.CIVIL APPLICATION NO.2221 OF 2024 (F) IN PUBLIC INTEREST LITIGATION WP NO.1 OF 2024 SUDESH MAYEKAR AND ANR ... APPLICANTS Versus STATE OF GOA THR CHIEF SECRETARY AND 28 ORS ... RESPONDENTS WITH MISC.CIVIL APPLICATION NO.56 OF 2025 IN PUBLIC INTEREST LITIGATION WP NO.1 OF 2024 SUDESH MAYEKAR AND ANR ... APPLICANTS Versus STATE OF GOA, THR CHIEF SECRETARY AND 28 ORS ... RESPONDENTS WITH MISC.CIVIL APPLICATION NO.174 OF 2025 IN PUBLIC INTEREST LITIGATION WP NO.1 OF 2024 DERYL THOMAS BENTO DSOUZA @ DERYL THOMAS DSOUZA ... APPLICANT Versus STATE OF GOA, THR. CHIEF SECRETARY AND 28 ORS ... RESPONDENTS WITH MISC.CIVIL APPLICATION NO.2874 OF 2024 (F) IN PUBLIC INTEREST LITIGATION WP NO.1 OF 2024 SUDESH MAYEKAR AND ANR ... APPLICANTS Versus STATE OF GOA, THR. CHIEF SECRETARY AND 28 ORS ... RESPONDENTS WITH MISC.CIVIL APPLICATION NO.1999 OF 2024 (F) IN 1st October, 2025 PILWP 1 of 2024 PUBLIC INTEREST LITIGATION WP NO.1 OF 2024 SUDESH MAYEKAR AND ANR ... APPLICANTS Versus STATE OF GOA, THR CHIEF SECRETARY AND 28 ORS. ... RESPONDENTS Mr. Rohit Bras De Sa with Mr. Joel Pinto, Advocates for the Petitioners. Mr. Shubham Priolkar, Additional Government Advocate for Respondent Nos. 1 to 6, 8, 9,11 to 15. Mr. Pranay A. Kamat, Advocate for Respondent No. 7. Mr. Manish Salkar, Government Advocate for Respondent No. 10. Mr. Chaitanya Padgaonkar with Ms. Vaishali Mahato, Advocates for Respondent No. 16. Mr. J.E. Coelho Pereira, Senior Advocate (through V.C) with Mr. Sagar Rivankar, Mr. B. Fernandes and Mr. Pancham Fadte, Advocates (through V.C) for Respondent No. 17. Mr. Kapil Kerkar, Advocate for Respondent No. 18. Mr. S. Adelkar with Mr. T. Tayaji, Advocates for Respondent Nos. 19 and 24. Mr. Vinod Korgaonkar, Advocate for Respondent No. 25. Mr. S. Singbal, Advocate for Respondent No. 20. Mr. Ankit Tari, Advocate for Respondent No. 22. Mr. Shane Coutinho, Advocate for Respondent No. 23. Mr. Vibhav Amonkar with Mr. Shivam Fadte, Advocates for Respondent No. 28. CORAM:- BHARATI DANGRE & ASHISH S. CHAVAN, JJ. DATED :- 1st October, 2025 P.C: The respective Counsel appearing for the Respondents, urge before us that the PIL Petition deserve disposal in the wake of the affidavit filed by the Village Panchayat of Calangute, through its Secretary, as the affidavit has offered the action taken against each of the Respondent and the stage where the proceedings initiated by them 1st October, 2025 PILWP 1 of 2024 are pending, or in cases where the Panchayat has initiated proceedings, the stage at which these proceedings are. 2. The learned Counsel Mr. De Sa appearing for the Petitioner would invite our attention to MCA No. 351 of 2024, by which, he seek amendment in the Petition, and this amendment is strongly opposed by the respective Counsel, representing the private parties. According to Mr. De Sa this amendment is very much necessary as in the Application seeking amendment, he has made a categorical statement that, at the relevant time, the Respondents and in particular, Respondent Nos. 17, 18, 19, 20, 21, 23, 24, 25 and 28 are carrying out the business of commercial operations like Bar and Restaurant in illegal premises without obtaining an occupancy certificate. 3. While we permit Mr. De Sa to advance his submission, we also direct the Village Panchayat of Calangute to verify the said statement, which is contained in the schedule of amendment, as we want to test the prima facie veracity of this statement and if we do not find any substance thereof, we will relegate the Petitioner to an appropriate remedy. Re-notify to 09.10.2025 at 2:30 p.m. ASHISH S. CHAVAN, J. BHARATI DANGRE, J. 1st October, 2025 Signed by: ESHA SAINATH VAIGANKAR Designation: Personal Assistant Date: 03/10/2025 17:05:30