1 IN THE HIGH COURT OF BOMBAY AT GOA Writ Petition No. 831 of 2010 1. Shri Dhaku Arjun Madkaikar. 2. Shri Ashok Babaurao Patil. 3. Shri Premanand K. Naik. 4. Shri Dniander Jagannath Phadte. 5. Shri Devidas Atchut Bandekar All residents of Adarsh Colony, Carambolim, Tiswadi, Goa. ... Petitioners V e r s u s 1. State of Goa, Through its Chief Secretary, Secretariat, Porvorim, Goa. 2. The Collector of North Goa District, Office of Collector, Panaji, Goa. 3. The Mamlatdar of Tiswadi, Panaji, Goa. 4. The Sarpanch, Village Panchayat of Carambolim, Carambolim, Tiswadi, Goa. 5. Deputy Director of Panchayats, North Goa District, Panaji Goa. 2 6. Shri Ajit S. Naik, Chairman, Adarsh Colony Society, Carambolim, Tiswadi Goa. ... Respondents Mr. Mahesh Amonkar, Advocate for Petitioners. Mr. M. Salkar, Government Advocate for Respondent Nos. 1, 2, 3 and 5. Mr. Nilesh Shirodkar, Advocate for Respondent No. 4. Mr. M.S. Sonak, Advocate for Respondent No. 6. Coram: S. B. DESHMUKH & F.M. REIS, JJ. Date: 23 rd February, 2011. ORAL ORDER (per S.B. Deshmukh, J): The petitioners approached this Court with the following prayers: a. For a writ of mandamus or any other appropriate writ, direction or order in the nature of mandamus calling for calling for records in respect of converting open space of the Adarsh Colony into a dancing floor and alleged park and construction of building and 3 stage in open space of and further directing the authorities to take appropriate action for demolition of illegal construction of room and stage and removing the concrete flooring done in open space. b. Pending the hearing and final disposal of writ petition, the respondents be restrained from going ahead with any construction in the suit open space of the Adarsh Colony society. c. For ex-parte relief in terms of the prayer clause (ii) above. d. For any other relief as this Hon'ble Court deems fit and proper in the circumstance of the case. 2. This petition was before this Court on 20-12-2010. Notice was issued to the respondents returnable on 17-01-2011. Learned Additional Government Advocate took notice on behalf of respondent nos. 1, 2, 3 and 5. 3. Learned Counsel Mr. Amonkar for petitioners took 4 us to the plan at Exhibit-'A' (page-13). There in this plan, he pointed out alleged construction at two places in open space. This open space is shown as 10,206.5 square metres. From this map/plan it can be stated that at two places some construction is shown. Advocate Mr. Amonkar states that photographs have not been placed on record by petitioners. Further, he takes us to photographs which have been placed on record alongwith affidavit in reply on behalf of respondent no. 6 which is at Annexure-R II (page-80). We have seen these as well as the other photographs which are at pages 87, 88, 89 and 90. Advocate Mr. Amonkar also pointed out affidavit in reply on behalf of respondent no. 4 at page 34 A. In paragraph 12, of this affidavit, it is mentioned that respondent no. 4 denies the work of development in open space at Adarsh Colony, Carambolim, Goa. In affidavit in reply, on behalf of respondent no. 6 at paragraph 10 (page-71), it has been avered by affiant that work of development in open space has been taken up by respondent nos. 1 to 5. Advocate Mr. Amonkar 5 based on these two pleadings on affidavit states that both of them denied construction activities in open space. On behalf of respondent nos. 1, 2 and 3 i.e. State of Goa, Collector of North Goa and Mamlatdar of Tiswadi, no affidavit is filed. He also states that logically such construction is being carried out by the Collector of North Goa i.e. respondent no. 2. 4. Today, affidavit in rejoinder is presented in the Court on behalf of petitioners. The same is marked "A" for identification. Taken on record. Copy served to the learned Counsel appearing for respondents. 5. Learned Counsel Mr. Sonak for respondent no. 6 fairly concedes that petitioners who are five in numbers are alongwith others are co-owners of the property and status of respondent no. 6, is an individual, namely, Shri Ajit S. Naik, Chairman of Adarsh Colony Society, Carambolim, Tiswadi, Goa. We are also not sure that all co-owners are party to this petition. 6 6. We have considered the submissions made on behalf of the respective parties. In our opinion, petitioners may seek resort to/remedy before the appropriate Court. Considering the nature and the pleadings of this petition, it is not possible for this Court to decide disputed issues of facts. Hence, we are not inclined to entertain this petition. It is made clear that we have not expressed any opinion on the merits of the case. However, leave and liberty granted in favour of petitioners to seek alternate remedy. 7. Writ Petition stands disposed of with liberty to petitioners to seek remedy before the appropriate forum under the law. S. B. DESHMUKH, J. F. M. REIS, J. Ev