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" and it is alleged that the concerned occupants/their Society has encroached upon the plot belonging to the Petitioner.

4. Factual position leading to the relief reproduced above, is as follows:

Respondent No.2, Housing Board after purchase of the said entire property bearing Survey No.34/l, sub-divided the same in the year 1987 after obtaining approvals from the Town and Country Planning Authority and Panchayat vide approval dated 16.7.1987. In the year 1993, respondent No.2, Board in order to take up housing scheme, got the said subdivision revised from the Town and Country Planning Authority vide approval dated 10.11.1993. As per the said approval, various plots identified as Plots “A", “B", "C" and so on, were carved out. As per the said revised approved sub-division plan, the area reserved under Plot "A" is 10,561 sq. metres with clearly identified open space of 1584 sq. metres. A copy of the said sub-division plan showing the various plots and approved sub-divided plot "A" and the open space therein is annexed and marked as Exhibit A. Plot "A" is identified with yellow colour and the open space therein is identified with green colour. Plot B is identified with saffron colour. On the eastern side of plot A is approved internal sub-division road of 12 metres wide and beyond which lies Plot B. The said internal road is identified with red colour on the said plan.

5. In the years 1995 respondent No.2 relying upon the said sub-division plot A, framed housing scheme (referred to as "the First Scheme") of 72 double bedrooms flats on Plot A on an area of 10561 sq. metres and submitted the site plan and construction plans to the appropriate authorities. The respondent no.6, the Town and Country Planning Department by its approval No.DB/9838/1292/ 95 dated 21.6.1995, approved the said building plans upon certain conditions such as parking place, open space, boundaries, set backs, EA.R, etc. The copy of the said approved plan of the Town and Country Planning Department is annexed to the Petition and marked as "Exhibit B". The respondent no.4 upon approval from the Town and Country Planning Department and from respondent no.5, PWD thereafter granted the licence to respondent no.2 to construct building in plot "A" vide its licence No. VP/PDF/Const-licen/95-96.

6. The respondent no.2 by its Notice GHB/ADM/18/95, dated 6.10.1995 offered the said 72 flats for sale under the advanced contribution scheme for the price of Rs.6,40,000/- on the ground floor and first floor and for Rs.6,35,000/- on the second floor. The respondent no.2, after accepting the entire payment of cost of the said flats, handed over the possession of the flats to the respective purchasers from April/May, 1997 to 1999 and further advised the allottees of the said flats to form a Housing Co-op. So