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2026 DAILYLAW 14063 (BOM)

BHARAT SANCHAR NIGAM LIMITED THR AUTH REPRE. UTTAM YALIGAR v. THE COLLECTOR, NORTH AND ANR

WP/1185/2026 · 2026-10-05

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Judgment text

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42 WP 1185 2026 Suzana IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.1185 OF 2026 BHARAT SANCHAR NIGAM LIMITED THR AUTH REPRE. UTTAM YALIGAR ... PETITIONER Versus THE COLLECTOR, NORTH AND ANR ... RESPONDENTS Mr Dhaval D. Zaveri, Advocate with Mr Harshal Desai, Advocate for Petitioner. Mr Deep Shirodkar, Additional Government Advocate for Respondents. CORAM:- S. G. CHAPALGAONKAR, J. DATED :- 5th October, 2026 P.C. The Petitioner is served with Show Cause Notice dated 04.02.2026 by Respondent No.2 bearing Case No.DYC/LND/ENC/10/2026/509 under Section 6 of the Goa Land (Prohibition of Construction) Act, 1995, 1995 which states that the Petitioner is an encroacher on the property of Government of Goa. On 18.02.2026, Petitioner filed a detailed reply. On 26.05.2026, Petitioner filed preliminary objection, inter alia, stating that Respondent No.2 would have no jurisdiction to decide nature of 5th October, 2026 2026:BHC-GOA:1976 42 WP 1185 2026 rights of the Petitioner and adjudicate upon the same. 2. The Petitioner had apprehension that, pending decision of aforesaid proceedings, he would have to face coercive action as the Officers of the Respondent were carrying out activity of demarcation and land survey over the property in possession of the Petitioner. In this backdrop, the Petitioner makes limited prayer that Respondent No.2 shall take the decision in the proceedings initiated under the Show Cause Notice after considering Petitioner's reply and representation and till then, cease and desist from taking any arbitrary action against the Petitioner. 3. Learned Additional Government Advocate appearing for Respondent No.2, on instructions, makes a statement before this Court that the proceedings in Case No.DYC/LND/ENC/10/2026/509 would be decided within a period of one month from today after giving opportunity of hearing to the Petitioner and after due consideration of the representation made by the Petitioner. 4. In light of the aforesaid statement, the Writ Petition stands disposed of. Needless to state that in case Petitioner suffers any adverse or coercive action during the pendency of the aforesaid proceedings, he shall be at liberty to approach this Court. 5th October, 2026 42 WP 1185 2026 5. Petitioner undertakes to appear before Respondent No.2 on 08.10.2026 at 10:30 AM. S. G. CHAPALGAONKAR, J. 5th October, 2026 Signed by: MARIA SUZANA REBELLO Designation: Personal Assistant Date: 05/10/2026 14:53:59