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2023 Supreme(Online)(Bom) 837

HIGH COURT OF BOMBAY
M. S. Karnik, J
Mr. Peter Oliveira – Appellant
Versus
Village Panchayat of Loutulim – Respondent


Advocates:
For the Appellants/Petitioners: Mr A. D. Bhobe, Ms. S. Shaikh
For the Respondents: Mr Ryan Menezes, Mr Pravin N. Faldessai

ORAL JUDGMENT

  1. Rule, Rule made returnable forthwith by consent. Since common issues are involved, the present petitions are being disposed of by a common order.

2. The challenge in these petitions under Article 227 of the Constitution of India is to the judgment and order dated 20.12.2021 passed by the Principal District Judge, South Goa, Margao in an appeal filed by the petitioners challenging the judgment and order dated 22.10.2021 passed by the Deputy Collector & SDO, Margao, Salcete Goa.

3.The respondent no.1 village panchayat claims that the petitioners are unauthorized occupants and in possession of shop premises which belong to the panchayat. The said shops are public premises. The respondent no.1 filed an application before the Estate Officer for the issue of an eviction order of the petitioners from the public premises on 8.5.2015.

4.Some of the petitioners came in occupation of the premises based on the leave and license agreement executed by the panchayat in their favour. In respect of three of the petitioners, there was no leave and license agreement but they were permitted by the village panchayat to occupy the shop premises.

5.In the application, the village panchayat in de

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