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M. S. SONAK
Bhagwati Ravalnath Devasthan Committee – Appellant
Versus
Goa Human Rights Commission – Respondent
JUDGMENT :
1. Heard Mr Parikshit Sawant for the Petitioner and Mr Iftikhar Agha for Respondents No.5 and 6. Other Respondents, though served, do not appear at the stage of the final hearing.
2. With the consent of the learned Counsel for the parties, the Petition is taken up for final disposal considering the order dated 5th December 2014. By this order, Rule was granted in this Petition. Accordingly, the hearing was expedited, and this matter was directed to be placed for a final hearing in February 2015.
3. The Petitioner-Devasthan, under the Devasthan Regulations, challenges the order/report/recommendations dated 4th June 2014 made by the Goa Human Rights Commission (GHRC), primarily on the ground that the GHRC lacked the jurisdiction to entertain the complaints made by Respondents No.5 and 6 about denial of vehicular access through the Devasthan's property to their respective properties.
4. Respondents No. 5 and 6 filed a complaint dated 3rd September 2012, transcribed in paragraph 2 of the impugned order. The complaint reads as follows :
2) Keshav V. Panshikar, Malpe-Pernem-Goa
Date : 03/09/2012
To,
The Sarpanch
Village Panchayat Virnoda, Pernem — Goa.
Sub: Req
It is trite law that when evidence is required to be produced to adjudicate rights of the rival contentions, moreso in the nature of a civil dispute, the same cannot be entertained by the Commission,....
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