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2022 Supreme(Bom) 664

A.K.MENON
Suraj Gad, Major – Appellant
Versus
Thomas Paul D'Souza – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. A. Agni, Ms.Jay Sawaikar, Advocate
For the Respondent:Mr. A.D. Bhobe, Ms.Annelise Fernandes, Ms. Susan Linhares, Mr. Pankaj Pai Vernekar, Ms.Cidalia Lobo, Mr. H.D. Naik, Advocate

JUDGMENT :

1. Rule. Rule made returnable forthwith with the consent of the learned Counsel. Learned Counsel appearing for the Respondents, waive notice.

2. The challenge in this Writ Petition is to an order dated 24.09.2021 passed by the Block Development Officer, Respondent no.2, Mapusa, Bardez, Goa, and the Resolution dated 25.09.2021 passed by the Village Panchayat-Respondent no.3, of Arpora, Nagoa, by which an Order passed by the Block Development Officer on 01.12.2020 was restored. The Petitioners are tenants of Respondent no.1 who seek to carry out repairs of the tenanted premises being House no. 220 at Arpora Bardez, Goa.

3. The first Respondent, herein after referred to as the Landlord, is opposed to the Petitioners. The second Respondent, is the Block Development Officer (BDO) and the third Respondent is the Village Panchayat. The allegation in the Petition is that the Landlord is “managing authorities” into passing orders without hearing the Petitioners and, as a result of which, the Petitioners are required to file multiple Petitions and engage in litigations running from pillar to post only to carry out certain repairs to their structures.

4. The main ground of challenge to

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