IN THE HGIH COURT OF BOMBAY AT GOA **** WRIT PETITION NO. 183 OF 2003 M/s Amonkar Candle Industries, represented herein by its sole proprietor, Shri Sadanand V. Amonkar, P.B. No.769, Comba, Margao, Goa. ... Petitioner Versus 1. Goa Industrial Development Corporation, a statutory corporation having its registered office at 2nd floor, Shri Saraswati Mandir, Bldg., Panaji, Goa, 2. Estate Officer, Goa Industrial Development Corporation, a statutory corporation having its registered office at 2nd floor, Shri Saraswati Mandir Bldg., Panaji, Goa, 3. M/s Poultry Breeding Co- operative Society Ltd., B.3-4, Margao Industrial Estate, Margao, Goa, 4. The Additional District Judge, South Goa at Margao, the Appellate Authority under Section 9 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. .. Respondents. Shri Zeller D’Souza, advocate for the petitioner. Shri M. S. Sonak, advocate for respondent no.1. CORAM : F. I. REBELLO, J. DATE : 12th June, 2003. ORAL JUDGMENT The allottee has been duly evicted from the premises belonging to respondent no.1. It is the case of the petitioner that at the time of eviction in fact, he was in possession. His possession is relatable to the - 2 - possession of respondent no.3. It is not possible from the evidence on record, to hold that the petitioner was in possession. The right of the petitioner could have been considered if there were undisputed facts that at the time when possession of the premises were taken by respondent no.1, it was the petitioner who was in possession and was dispossessed without complying with the provisions of the Goa Public Premises (Eviction of Unauthorized Occupants) Act, 1988. That is not the case here. The issue as to who was in possession is a disputed question of fact which cannot be gone into in exercise of the extraordinary jurisdiction of this Court. In the light of that, no interference is called for. Petition rejected. It is made clear that any other remedy which the petitioner may have for seeking possession or other reliefs does not stand concluded by the order passed herein. F. I. REBELLO, J. mc.