(1) wp-571-2026.odt IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.571 OF 2026 MRS. MARIA ALICE DE SOUZA CAIADO E DIAS ALIAS ALICE MARIA DIAS VERSUS MRS. BALJEET KAUR SONI … Mr. Charles Elton, Advocate for Petitioner. Mr. Vedraj Toraskar, Advocate for Respondent. … CORAM : S. G. CHAPALGAONKAR, J. DATED : 21st SEPTEMBER, 2026. FINAL ORDER:- 1. The petitioner impugns order dated 07.01.2026 passed by Principal District Judge, South Goa at Margao in RR/4/2025, thereby granting stay to execution and implementation of order dated 12.12.2025 passed by Deputy Collector in Case No.SDO-II/SAL/Rent Control Act/03/2025 directing eviction of respondent licensee. 2. The petitioner and respondent entered into Leave and License Agreement dated 28.08.2019 for period of 11 months. It was renewed time to time and lastly it was renewed and registered vide Registration No.3997/2024 at Margao for period from 01.04.2024 to 28.02.2025 for license fee of Rs.30,000/- per month. 3. It is contention of petitioner that respondent failed to pay license fee. Eventually, petitioner forfeited security deposit and issued legal notice calling upon respondent to vacate premises within 30 days. 2026:BHC-GOA:1887 (2) wp-571-2026.odt Thereafter, petitioner filed proceeding for eviction under Section 40-A of Goa Buildings (Lease, Rent and Eviction) Control Act, 1968 (hereinafter referred to as ‘Act of 1968’). Although notice of proceeding was served upon respondent, she failed to participate in proceeding. Ultimately, Deputy Collector passed eviction order dated 12.12.2025 directing respondent to vacate premises within period of 30 days and hand over peaceful possession to petitioner. The respondent was further directed to pay all dues, which are payable to petitioner. 4. Aggrieved respondent preferred Rent Revision No.4/2025 before Principal District Judge, South Goa alongwith application for stay to eviction order passed by Deputy Collector and Sub Divisional Officer. The Principal District Judge passed cryptic order staying execution of eviction order. Hence, this petition. 5. Heard learned Advocates appearing for respective parties. Perused record. 6. Admittedly, respondent is in possession of suit premises on the basis of Leave and License Agreement, which had validity till 28.02.2025. Thereafter, there was no renewal of license agreement. The suit premises is a commercial property, which is occupied by respondent till date. The respondent has not paid remuneration even as per terms of license for more than two years. The learned District Judge failed to record reasons for grant of blanket stay to order passed by Deputy (3) wp-571-2026.odt Collector and Sub Divisional Officer, which includes direction for payment of dues. Even learned District Judge lost sight of Bombay Amendment in Order XV-A of Code of Civil Procedure, which requires in any suit by a lessor or licensor against lessee or licensee for his eviction with or without arrears of rent or license fee defendant shall deposit such amount as Court may direct on account of arrears up to the date of the order and thereafter continue to deposit in each succeeding month rent or license fee claimed in suit as Court may direct. The defendant is put to obligation to continue to deposit such amount till decision of suit. Non-deposit entails striking off defence. In light of aforesaid factual backdrop, impugned order cannot be sustained in law. Hence, following order: ORDER a. Writ Petition is partly allowed. b. The impugned order dated 07.01.2026 passed by Principal District Judge, South Goa at Margao in RR/4/2025 staying order 12.12.2025 passed by Deputy Collector in Case No.SDO-II/SAL/Rent Control Act/03/2025 is quashed and set aside. c. The Principal District Judge shall consider respondent’s application for grant of stay in light of aforesaid observations and decide same after giving opportunity of hearing to both parties. (4) wp-571-2026.odt d. Parties to appear before Principal District Judge, South Goa at Margao on 08.10.2026 or next date fixed for hearing of Appeal. (S. G. CHAPALGAONKAR) JUDGE Devendra/September-2026