IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 189 OF 2008 IN WRIT PETITION NO. 158 OF 2005 SMT. MARIA TERESA PHILOMENA D' ROCHA PEGADO ... Applicant Versus STATE OF GOA THROUGH CHIEF SECRETARY AND 3 ORS., ... Respondents Mr. G. R. Usgaonkar, Advocate for the Applicant. Mr. S. S. Kantak,Advocate General with Ms. R. Chodankar, Additional Government Advocate for Respondent Nos. 1 and 2. Mr. S. D. Lotlikar, Senior Advocate with Ms. S. Mordekar, Advocate for Respondent Nos.3 and 4. Coram:- S.A. BOBDE & N. A. BRITTO, JJ. Date:- 21st April, 2008 P.C.:- The Applicant seeks a direction to the Additional District Judge not to pass Judgment and Decree in Special Civil Suit No.132 of 2004 pending since the year 2002 and Special Civil Suit No.133 of 2002. According to the Applicant, the trial Court ought not to proceed with the suit because he has filed this Writ Petition in this Court questioning the validity of Rule 5 of the Goa Minor Minerals Concession(Amendment) Rules, 2002. The learned Counsel for the Applicant fairly accepts the position that the suit is for eviction of the Respondent Nos.3 and 4 from the suit land which has been leased out to them privately by the Applicant. According to the learned Counsel what is questioned in this petition is the grant of a mining lease over that land by the Government and the Rule under which the lease has been granted. Having heard the matter, we are of the view that both the suit and this petition are independent and there is no reason in law to stay the suit. This petition has been pending in this Court from the year 2005 and the Applicant has not made any prayer for stay of the suit. It is only at this stage when the suit is about to be decided, according to the Applicant this afternoon, the Applicant has sought for stay. The application for stay is rejected. Miscellaneous Civil Application is disposed of. S.A. BOBDE, J. N. A. BRITTO, J. RD.