IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITIONS NO. 760/2008 AND WRIT PETITION NO. 40/2009 WRIT PETITIONS NO. 760/2008 Mr. Domnic Fernandes. ...... Petitioner V/s. State of Goa and ors. ...... Respondents. Mr. A. D. Bhobe, Advocate for the petitioner. Ms. W. Coutinho, Govt. Advocate for respondents No.1 to 3.. Mr. A. N. S. Nadkarni, Senior Advocate with Mr. H. D. Naik, Advocate for respondent No.4. WRIT PETITION NO. 40/2009 Francisco Caetano Fernandes. ......... Petitioner. VERSUS State of Goa and others. ......... Respondents. Mr. A. N. S. Nadkarni, Senior Advocate with Mr. H. D. Naik, Advocate for the petitioner. Mr. S. R. Rivonkar, Government Advocate for respondents No.1 and 2. Mr. A. D. Bhobe, Advocate for respondent No.4. CORAM : SWATANTER KUMAR, CJ. & N.A. BRITTO, J. Date : 21st January, 2009. P.C. : We have heard the learned Counsel appearing for the parties. It is not in dispute before us that the petitioner in Writ Petition No.40/2009 has permission for erecting a shack at the site No.4 at Khobravaddo, Calangute, Bardez, Goa. The controversy is that instead of erecting the shack at the given place, he has raised it at a point/place which he has not been authorised to do so. This was demolished. However, the same has been re-erected. 2. Be that as it may, in view of the common case of the parties, we dispose off both these writ petitions with a direction to the responsible Officer of the respondent No.2, Department of Tourism to decide the site and mark it in presence of the parties. On that site No.4, the petitioner in Writ Petition No.40/2009 may erect the shack and if it has been erected at any other place, the same should be removed/demolished within 3 days, failing which the same may be removed/demolished by the respondent-Department. CHIEF JUSTICE N.A. BRITTO, J. ssm.