IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 84 OF 2011 PRASAD PANDURANG TELI ... Petitioner Versus SHRI. BHANUDAS V. NAIK AND 2 ORS., ... Respondents Ms. A. Agni, Advocate for the petitioner. Mr. A. D. Bhobe, Advocate for respondents No.1 and 3. Coram:- S. C. DHARMADHIKARI & F. M. REIS, JJ. Date:- 24th March, 2011 P.C.:- This writ petition was tagged with another writ petition, bearing Writ Petition No. 448/2009. This petition has been filed by one Shri Prasad Pandurang Teli, challenging the action initiated against him under the Goa Public Premises (Eviction of Unauthorised Occupants) Act, 1988. 2. Valpoi Municipal Council is desirous of constructing a new market building and it will allot gadas/shops in the newly constructed building to all those who have agreed to vacate and shift out of the existing premises. 3. The issue was, whether the said Shri Prasad Teli is holding up the development and construction or not ? Therefore, the Council initiated the said proceedings and feeling aggrieved by the orders which are adverse to him, this Writ Petition No.84/2011 has been filed by the petitioner. 4. On 23rd March, 2011, learned Counsel Ms. Agni appearing for the petitioner Shri Teli stated that the petitioner is willing to accept the offer of the Council for allotment of the gada/shop on the first floor of the proposed newly constructed building. However, the petitioner was not present in the Court. Hence, the matter was adjourned till today. 5. Today when the matter is called out, the petitioner Shri Prasad Pandurang Teli is present in the Court and he has instructed Ms. Agni to make a statement that he is agreeable and will accept the offer of the Council for allotment of a shop premises on the first floor in the proposed newly constructed building and would vacate and hand over the peaceful possession of the existing shop, to enable the Council to demolish the old building and put up the proposed construction of the new building. However, she stated that the Council should execute an agreement with him on identical terms as that of other occupants/shop owners before the said petitioner hands over vacant and peaceful possession of the premises, presently in his occupation. 6. On instructions, it is stated on behalf of the Council, that it will execute an agreement and that the agreement will be on identical terms as that of other occupants/shop holders on the first floor of the building. The petitioner and the Council agree that such an agreement will be executed by tomorrow i.e. 25th March, 2011. 7. In the light of these statements made, it is also agreed between the parties that the said Shri Prasad Teli will be handed over the shop premises in the newly constructed building, but to enable the Council to demolish the existing building he would hand over vacant and peaceful possession of the existing premises in his occupation, on or before 31st March, 2011. The statements made by the petitioner and the Council are accepted as undertakings to this Court. 8. Writ Petition No.84/2011 is disposed of. However, it is clarified that in the light of the agreement reached between the parties, the Court has not gone into other issues, and particularly the complaints about the alleged illegalities in the construction and allotment of shop premises. Those issues would be dealt with at an appropriate stage, in appropriate proceedings. 9. In the light of this agreed position, Ms. Agni states that that the petitioner herein will withdraw Regular Civil Suit No. 3/2009 and Appeal No.61/2010, unconditionally within a period of 10 days from today. Needless to state that once the suit is withdrawn, as is agreed to be withdrawn, all misc. proceedings therein will not survive and would come to an end, automatically, in so far as issue of allotment of the premises and eviction from the existing premises is concerned. 10. The writ petition is disposed of in these terms, with no order as to costs. Ad interim orders, if any, stand vacated. No costs. S. C. DHARMADHIKARI, J. F. M. REIS, J. ssm.