IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 164 OF 2010 MRS. LILAVATI D. VADYEKAR ... Petitioner Versus STATE OF GOA, THROUGH THE CHIEF SECRETARY AND 4 OTHERS ... Respondent Mr. J. Godinho, Advocate for the Petitioner. Mr. S.D. Lotlikar, Senior Advocate with Mr. H. Kankonkar, Advocate for the Respondent Nos.6 to 13 and 15 to 17. Mr. V. Rodrigues, Additional Government Advocate for the Respondent Nos.1 to 5. Coram:- A. S. OKA & F. M. REIS, JJ. Date:- 29th June, 2010 P.C.:- Heard the learned Counsel appearing for the Petitioner. We have heard the learned Additional Government Advocate for the 1st to 5th Respondents. We have also heard the learned Senior Counsel appearing for the 6th to 13th and 15th to 17th Respondents. 2. The allegation of the Petitioner in this Petition is that there is a violation of provisions of sub-section 4 of Section 38 of the Goa, Daman and Diu Agricultural Tenancy Act, 1964. He submits that an inquiry as contemplated by Section 46A of the said Act, 1964 ought to have been conducted by the Tahasildar. Learned Government Advocate invited our attention to the affidavit dated 1st April, 2010 of Mamlatdar, Tiswadi Goa. He pointed out that the necessary action was taken by the officers of the State by issuing directions to the Talathi. In paragraph 10 of the affidavit, it is stated that the Mamlatdar will issue show cause notice to the cultivators/tenants of the suit land within 15 days to show cause as to why action should not be taken against them for stagnating the water in the land which is used for agriculture. 3. In short, the Petitioner is alleging the contravention of the provisions of sub section 4 of Section 38 of the said Act, 1964. Whether there is a contravention or not is a matter which is to be decided by the Mamlatdar by holding necessary inquiry in accordance with Section 46A of the said Act, 1964. In view of this position, we need not keep this Petition pending and we dispose of the Petition by passing following order :- (a) The Mamlatdar will hold an inquiry in accordance with Section 46A of the said Act, 1964. The inquiry shall be concluded as expeditiously as possible. (b) We keep the contentions of the parties on merits of the inquiry expressly open. A. S. OKA, J. F. M. REIS, J. at*