IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 125 OF 2010 MULLA MURTUZA AND 2 ORS., ... Petitioners Versus STATE OF GOA THROUGH THE CHIEF SECRETARY AND 6 ORS., ... Respondents Mr. M. B. D'Costa, Senior Advocate with Mr.J. A. Lobo, Advocate for the petitioners. Mr. Shaikh Vahidulla, Addl. Govt. Advocate for respondents No.1 to 4, 6 and 8. Mr. Amit Palekar, Advocate for respondent No.5. Mr. Nitin Sardessai, Advocate for respondent No.7. Coram:- A. S. OKA & F. M. REIS, JJ. Date:- 15th June, 2010 P.C. :- We have heard learned Senior Counsel appearing for the petitioners. We have heard learned Addl. Govt. Advocate appearing for the first to fourth respondents, as well as sixth and eighth respondents. We have also heard learned Counsel appearing for the fifth respondent, as well as the learned Counsel appearing for the seventh respondent. 2. Prayers (a) and (b) of this petition, which are substantive prayers, read thus : "(a) to issue a writ of mandamus or other appropriate writ, order or direction commanding the Respondents No.1 to 6 to perform their statutory duties and to forbear or abstain from granting to the Respondent No.7 any post facto permission to, or to regularize, the filling up of the land or to grant conversion sanad or any permission to carry out development of the land, namely, of the plot bearing no.57/0, at Haveli Curti, Ponda. (b) a writ of mandamus or other appropriate writ, order or direction commanding the Respondents No.1 to 6 to perform their statutory duty and take action for the illegal filling of the land and its conversion into non agricultural by the Respondent No.7 and to demolish the illegal structure and to ensure that the land is restored to its original condition." 3. The seventh respondent has filed an affidavit dated 7th April, 2010. In paragraph 9 of the said affidavit, he has stated thus : "9. I say that the land has been filled with fertile soil and I have brought the same in level with the Ponda bypass road with the sole object of avoiding flooding of my paddy field and to continue with the agricultural activities. I do not intend putting the said survey number, which was earlier, prior to the passing of the Ponda bypass road was bearing Survey No.57/0, for any non-agricultural purpose nor do I Intend putting the said land for any commercial purpose. I say that I have constructed a small temporary shed in the said land for the purpose of watch and ward of my crops." 4. The learned Counsel appearing for the fifth respondent-Village Panchayat states that proceedings have been initiated for demolition of illegal structure erected by the seventh respondent. The statement made by the learned Counsel appearing for the fifth respondent is accepted. In view of the said statement and in view of the statement on oath made by the seventh respondent, at least for the time being, grievances of the petitioners have been taken care of. We accept the statement of the fifth respondent made through its Counsel. We also accept the statements made by the seventh respondent in his affidavit. 5. In view of the aforesaid statements, it is not necessary to entertain this petition. We, however, direct the fifth respondent to expedite the legal action for demolition of the unauthorised structure. The petition is accordingly disposed of. A. S. OKA, J. F. M. REIS, J. ssm.