BOMBAY HIGH COURT - BENCH AT GOA
ANDRE ANTONIO PEREIRA – Appellant
Versus
UNION OF INIDA, THR. ITS SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI AND ANR – Respondent
WP 1053/2019
1 WP1053-19dt.13.01.2020
IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO. 1053 OF 2019
ANDRE ANTONIO PEREIRA.
... Petitioner
Versus
UNION OF INIDA, THR. ITS
SECRETARY, MINISTRY OF HOME
AFFAIRS, NEW DELHI AND ANR.
... Respondents
Petitioner present in person.
Mr. G. Panandiker holding for Mr. M. Amonkar, Standing Counsel for
Respondent No.1.
Mr. Deep D. Shirodkar, Addl. Government Advocate for Respondent
No.2.
Coram:- M. S. SONAK &
SMT. M. S. JAWALKAR, JJ.
Date:- 13th January, 2020
P.C.
Heard Mr. Andre Antonio Pereira, the Petitioner in person.
Mr. D. Shirodkar, learned Addl. Government Advocate appears for
Respondent No.2 and Mr. G. Panandiker holding for Mr. M. Amonkar
appears for Respondent No.1.
2.
Mr. Andre Pereira, quite fairly states that the issue involved in
this petition is similar to the issues involved in Writ Petition No.139 of
2017 as well as Writ Petition No.156 of 2019. Both these petitions have
2 WP1053-19dt.13.01.2020
been disposed of by us vide orders dated 23.08.2017 and 15.10.2019
respectively.
3.
In fact, in paragraph 32 of this petition, the Petitioner has
stated that the cause of action for filing the present petition has arisen after
passing of the order dated 15.10.2019 in Writ Petition No.156 of 2019.
The Petitioner has also sought to place reliance upon the decision of the
Hon'ble Supreme Court in the case of Smt. Bhimabai Mahadeo
Kambekar (D) Th. LR Vs Arthur Import and Export Company & Ors.,
in Civil Appeal No.1330 of 2019 decided on 31st January, 2019.
4.
Upon perusal of the aforesaid decision, we find that the
Hon'ble Supreme Court, has reiterated the legal position that the revenue
records do not create or extinguish the title over the land nor it has any
presumptive value on the title. According to us, such issue hardly arises in
the present petition.
5.
Besides, we find that the issues which the Petitioner has
purported to raise in this petition are academic. In any case, there are no
proper pleadings as to how such issues indeed arise in the case of the
Petitioner.
6.
For all the aforesaid reasons, we dismiss this petition. There
3 WP1053-19dt.13.01.2020
shall however be no order as to costs.
SMT. M. S. JAWALKAR, J. M. S. SONAK, J.
at*
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.