Bombay High Court

PIO OLAVO DMELLOversusTHE STATE OF GOA THR THE CHIEF SECRETARY AND 17 ORS

Disposal: Disposed of
Bench: VALMIKI MENEZES AMIT S JAMSANDEKAR

Holding

The petition is disposed of as withdrawn, with the Additional Collector directed to pass orders on the withdrawal application within one week.

Summary

The petitioner, Pio Olavo Dmello, filed a writ petition challenging the grant of an addition to a lease period to Respondent No. 3. Respondent No. 3 subsequently moved an application before the Additional Collector, South Goa, seeking withdrawal of a related case concerning surface‑rights compensation for land in Survey Nos. 55/1 and 55/2, Naquerim village. The High Court noted that if the withdrawal is granted, the petitioner would not pursue any other reliefs. Accordingly, the Court directed the Additional Collector to decide the petitioner’s withdrawal application within a week, without waiting for the next hearing date. On the petitioner’s instruction, no further reliefs were pressed and the petition was disposed of as withdrawn.

Issues considered

Whether the writ petition challenging the addition of a lease period to Respondent No. 3 is maintainable in view of the pending withdrawal application before the Additional Collector.

Subjects

writ petition
lease period
surface rights compensation
withdrawal
High Court
Goa

Judgment

2026:BHC-GOA:634-DB
                                             36 WP 206 2026

                Sonam

                        IN THE HIGH COURT OF BOMBAY AT GOA
                               WRIT PETITION NO.206 OF 2026

           PIO OLAVO DMELLO                                       ... PETITIONER
             Versus
           THE STATE OF GOA THR THE CHIEF
           SECRETARY AND 17 ORS                                   ... RESPONDENTS


           Petitioner present in person.

           Mr. Rohit Bras De Sa with Ms. Priti Deshprabhu, Advocates for
           the Petitioner.

           Ms. Maria Correia, Additional Govt. Advocate for the State.

           Ms. Krupa Naik, Advocate for Respondent No. 3.

           Mr. Pravin Faldessai, Deputy Solicitor General of India for
           Respondent No.5.

           Mr. Joel Pinto, Advocate for the Respondent Nos. 6 to 18.


                                CORAM:- VALMIKI MENEZES &
                                        AMIT S. JAMSANDEKAR, JJ.
                                DATED :- 24th March, 2026

           P.C.:


           1.    Registry to waive office objections and register the matter.


           2.      The petition has challenged the grant of an addition of a lease
           period to Respondent No. 3. In the meantime, Respondent No. 3 has
           moved an application before the Additional Collector, South Goa at

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                                             24th March, 2026
                                   36 WP 206 2026


Margao in case No. 1/2025, where the Petitioner and Respondent Nos.
6 to 18 are claimants to the Surface Rights Compensation. The
application moved by Respondent No. 3 seeks to withdraw the said
case with respect to land under Survey Nos. 55/1 and 55/2 of the
village Naquerim. The application is now listed on 16.04.2026, before
the Collector, and if granted, the Petitioner would not press for any
other reliefs sought in this petition.


3.    In view of this factual position, we deem it appropriate to direct
the Additional Collector, South Goa at Margao, who is dealing with
the case No. 1/2025, to pass orders on the Petitioner's application dated
12.02.2026, seeking withdrawal of the case with respect to land under
Survey Nos. 55/1 and 55/2 of village Naquerim. The Additional
Collector need not wait for passing its orders on 16.04.2026 i.e. the
next date of hearing, but shall pass such orders within one week from
today.


3.    In view of the directions and on instruction from the Petitioner,
who is present in the Court, the learned Advocate for the Petitioner
does not press for any other reliefs; the petition stands disposed of as
withdrawn.



 AMIT S. JAMSANDEKAR, J.                      VALMIKI MENEZES, J.



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                                    24th March, 2026

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