IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 172 OF 2009 MRS. JOSEPHINA FERNANDES ALIAS JOSEPHINA MARTINS AND ANR., ... Petitioners Versus STATE OF GOA THROUGH CHIEF SECRETARY AND 7 ORS., ... Respondents Mr. A. D. Bhobe and Mr. S. Vales, Advocates for the petitioners. Mr V. Rodrigues, Addl. Govt. Advocate for respondents no.1, 4, 6 and 7. Mr. A. N. S. Nadkarni, Senior Advocate with Mr. A. Kakodkar, Advocate for respondent No.8. Coram:- P. B. MAJMUDAR & U. D. SALVI, JJ. Date:- 30th March, 2009 P.C. In response to the notice of this Court, learned Senior Counsel Mr. Nadkarni who is appearing for respondent No.8 submitted that no part of the land belonging to the petitioner bearing Survey No. 30/4 of Village Azossim has been encroached upon, nor attempts will be made to encroach upon it in future. 2. So far as carrying out work in survey No.36/1 is concerned, the learned Counsel Mr. Nadkarni submitted that the work of agricultural improvements is being done with the permission of the Authorities. 3. The learned Addl. Govt. Advocate Mr. Rodrigues appearing for respondents no.1, 4, 6 and 7 submitted that a complaint has already been filed in connection with illegal filling up of the land bearing Survey no.36/1 and appropriate steps will be taken in connection with any construction or filling up of the said land bearing Survey No.36/1 is concerned, if it is found to be not in accordance with law. 4. The learned Counsel for the petitioners submitted that so far as filling up of land bearing Survey No. 36/1 is concerned, since the Authorities are taking appropriate action, in accordance with law, nothing is required to be done in the matter, especially when Mr. Nadkarni, learned Counsel appearing for respondent No.8 has made a statement that no part of land bearing Survey No.30/4 belongs to the petitioner shall be touched or encroached upon by the said respondent No.8 in any manner. 5. Considering the aforesaid aspect of the matter, learned Counsel for the petitioners is not pressing for the petition any further at this stage, subject to liberty to the petitioners to file a fresh petition, in case the need arises in future. The petition is accordingly disposed off, with liberty to the petitioners to file a fresh petition, in case a need arises in future. We clarify that we have not expressed anything on merits of the matter and have disposed off the matter on the basis of the statements made on behalf of the parties. Authenticated copies of this order be issued to the parties. P. B. MAJMUDAR, J. U. D. SALVI, J. ssm.