IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 392 OF 2010 MRS. GAMBA COSTA REBELLO ... Petitioner Versus THE STATE OF GOA, THROUGH CHIEF SECRETARY AND 5 ORS., ... Respondents Mr. Nigel Da Costa Frias, Advocate for the Petitioner. Mr. M. Salkar, Additional Government Advocate for the Respondent Nos. 1 to 3. Mr. Sudesh Usgaonkar, Advocate for the Respondent Nos.5 and 6. Coram:- A. S. OKA & F. M. REIS, JJ. Date:- 16th June, 2010 P.C. We have heard the learned Counsel appearing for the Petitioner, the learned Additional Government Advocate appearing for the first to third Respondents and the learned Counsel appearing for the 5th and 6th Respondents. 2. It is not in dispute that the grievance regarding dumping of mud by the 5th and 6th Respondents in the property of Petitioner does not survive now. We find that order dated 12th May, 2010 records the statement made by the 5th and 6th Respondents through their Counsel. The said statement reads thus : " A statement is made on behalf of the respondent Nos.5 and 6 that the development is being carried out lawfully on the land bearing Survey No.87/14-C of Village Orlim,Salcete,Goa and the mud excavated from the said land for the purposes of laying foundation of the building is being placed on the same land and not thrown anywhere much less the land of the petitioner, and the mud removed shall be disposed of without affecting the lands of the petitioner". 3. We accept the aforesaid statement made by the 5th and 6th Respondents. Our attention has been invited to the notice dated 26th April, 2010 issued by the Town Planner to the 5th and 6th Respondents. Learned Counsel appearing for the 5th and 6th Respondents states that a reply has been filed by the said Respondents to the said notice. The second Respondent will have to decide the matter on the basis of the reply sent by the 5th and 6th Respondents. 4. In view of the aforesaid position, at this stage, the Petition need not be entertained and the same is disposed of by passing the following order :- O R D E R (A) The statement made by the 5th and 6th Respondents through their Counsel which is recorded in the order dated 12th May, 2010 is accepted. (B) The Second Respondent will decide the matter regarding the alleged violation of Section 17A of the Goa Town and Country Planning Act, as expeditiously as possible and in any event within a period of four weeks from today. (C) No further direction is necessary at this stage. A. S. OKA, J. F. M. REIS, J. at*