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2008 Supreme(Bom) 1331

S.C.DHARMADHIKARI, R.C.CHAVAN
Novodaya Co-operative Housing Society Ltd. – Appellant
Versus
State of Goa & Ors. - Respondents – Respondent


Advocates Appeared:
Mr. S. K. KAKODKAR, Sr. Adv. with Mr. RAMA RIVONKAR, Advocate for the Petitioner; Mr. A. KAMAT, Add\. Govt. Advocate for Respondents No.1, 3, 5 and 6; Mr. A. N. S. NADKARNI and Mr. H. D. NAIK, Advs., for Respondent No.2; Mr. S. R. RIVONKAR, Advocate for Respondent No.7.

Judgment

S.C.DHARMADHIKARI, J.:-By this petition under Article 226 of the Constitution of India, the petitioner Co-operative Housing Society is, inter alia, praying for the following reliefs:

(a) Issue a Writ of Mandamus or any other appropriate writ in the nature of Mandamus or other writ directing the respondent No.2 to act and transfer the title of plot "A" admeasuring 10561 sq. metres as per the approved plan in favour of the petitioners.

(b) Issue writ in the nature of Mandamus or any other appropriate writ directing the respondent No.4 to act upon the complaint of the petitioner and take action as per law against the illegal encroachment made by the petitioner and remove the encroachment of illegal construction done by the respondent No.2 on internal road and on plot "A".

2. The first respondent to this petition is the State of Goa. In fact, respondents No.1, 3,4, 5 and 6 are not the contesting respondents.

Respondent No.2 is the Housing Board which is a Statutory Body, registered under the Goa Housing Board Act, 1968.

3. Respondent No.7 is impleaded as it is alleged that Plot "B" is occupied by the employees of the Income Tax Department.

There are 18 flats constructed on Plot “B" a








































































































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