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2023 Supreme(Online)(Bom) 958

HIGH COURT OF BOMBAY
M. S. SONAK, J
GAURISH NAIK – Appellant
Versus
STATE OF GOA – Respondent


Advocates:
For the Appellants/Petitioners: Mr S. S. Kantak, Mr P. Talaulikar, Mr S. Kher
For the Respondents: Ms S. Linhares, Mr H. D. Naik, Mr Athnain Naik, Mr Rohit Bras De Sa, Mr Jayesh Fadte

JUDGMENT:

1. Heard Mr S. S. Kantak, learned Senior Advocate who appears along with Mr Preetam Talaulikar and Mr S. Kher for the petitioners, Ms Susan Linhares, learned Additional Government Advocate for the State, Mr Hanumant Naik for respondent no.4 and Mr Athnain Naik for respondent no.5. Mr Jayesh Fadte, the Attorney of the Communidade of Sancoale (present in person).

2. In all these petitions, the petitioners challenge the order dated 06.09.2019 made by the Administrator of Communidades, South Zone, Margao Goa rejecting petitioners' applications for review of the order dated 03.11.2017 by which the Administrator had declined to regularize the brazen encroachments carried out by the petitioners upon the Communidade's property surveyed under No.115/1, Sancoale, Goa. After encroaching upon Communidade's property, the petitioners constructed unauthorized structures therein for commercial use.

3. Mr Kantak, based upon instructions from the petitioners however stated that the structures/shops are closed and not used for any commercial or other purposes given the pendency of regularization proceedings.

4. The petitioners contend that in the General Body Meeting of the Communidade held on

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