ANTONIO FERNANDES v. THE STATE OF GOA THR THE CHIEF SECRETARY AND 5 ORS
WP/332/2026 · 2026-09-07
body2026
DailyLaw.ai
[ 2026 DAILYLAW 6492 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 6492 (BOM) · dailylaw.ai ]
Judgment text
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45 WP 332 2026 Sonam IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.332 OF 2026 ANTONIO FERNANDES ... PETITIONER Versus THE STATE OF GOA THR THE CHIEF SECRETARY AND 5 ORS ... RESPONDENTS Mr. Ajay Menon, Advocate for the Petitioner. Mr. Prashil Arolkar, Additional Government Advocate for Respondent Nos. 1 and 2. Mr. Vinoj K. Daniel (through V.C.), Advocate for Respondent No. 3. Mr. Shivan Desai with Ms. Riya Amonkar, Advocates for Respondent Nos. 4 and 5. Ms. Akshata Bhat, Advocate for Respondent No. 6.
CORAM:- VALMIKI MENEZES & AMIT S. JAMSANDEKAR, JJ. DATED :- 7th September, 2026 P.C.:
1. In view of the fact that the Petitioner's Restaurant falls within the White category under the Order dated 20.07.2026 passed by the Central Pollution Control Board, Ministry of Environment, Forest & Climate Change, Government of India, the Goa State Pollution Control Board has now revoked the impugned order dated
03.04.2024.
2. Mr. Dessai, learned Advocate appearing for Respondent Nos. 4 and 5, who are the Landlords of the property over which the 7th September, 2026 2026:BHC-GOA:1798-DB
45 WP 332 2026 Petitioner has claimed the tenancy right under the Goa, Buildings (Lease, Rent and Eviction) Control Act, 1968, submits that the petition may be disposed of without prejudice to contentions that may be raised by the Landlords. Since the application under Section 18 under the said Act is pending before the Rent Controller.
3. Considering that the impugned order is now being revoked, nothing further survives in this petition. On instructions, Mr. Menon, learned Advocate appearing for the Petitioner, seeks to withdraw this petition without prejudice to any of the contentions that may be raised by the Petitioner in the Rent Application. The petition is therefore disposed of as withdrawn.
4. Needless to state that the Goa State Pollution Control Board shall de-seal the premises of the Petitioner within a period of two days, since the impugned order is now revoked.
5. All contentions of the parties are left open since this petition is not being disposed of on merits.
AMIT S. JAMSANDEKAR, J.
VALMIKI MENEZES, J. 7th September, 2026