Bombay High Court

KAMARU BANU ALIAS KAMARU MOHIDDIN NATEKAL THR POA SIRAJUDHEEN A.versusTHE STATE OF GOA THR CHIEF SECRETARY AND 6 ORS

Disposal: Withdrawn

Holding

The petition is disposed of as withdrawn, with no merits decided.

Summary

The petitioner, Kamaru Banu, challenged an order dated 03.04.2024 issued by the Goa State Pollution Control Board that affected his restaurant. The Central Pollution Control Board subsequently classified the restaurant as “White” category under its order dated 20.07.2026, leading the State Board to revoke the earlier order. The petition also intersected with a pending tenancy dispute under the Goa Buildings (Lease, Rent and Eviction) Control Act, 1968, where the landlords sought dismissal of the writ pending a Section‑18 application before the Rent Controller. On instructions, the petitioner’s counsel withdrew the writ petition without prejudice to any future rent‑control proceedings. The Court, noting the revocation of the impugned order, disposed of the petition as withdrawn and directed the State Pollution Control Board to de‑seal the premises within two days, leaving all other contentions open.

Issues considered

Whether the writ petition remains maintainable after the revocation of the impugned order by the Goa State Pollution Control Board.
Whether the petitioner may withdraw the petition without prejudice to pending rent‑control matters under the Goa Buildings (Lease, Rent and Eviction) Control Act, 1968.
Whether the State Pollution Control Board is required to de‑seal the petitioner’s premises following the revocation.

Legislation cited

Goa Buildings (Lease, Rent and Eviction) Control Act, 1968 — s. 18

Subjects

environmental clearance
pollution control
White category
Goa State Pollution Control Board
tenancy
lease
rent
eviction
Section 18
withdrawal of petition
de‑sealing

Judgment

2026:BHC-GOA:1797-DB
                                               44 WP 329 2026

                Sonam

                        IN THE HIGH COURT OF BOMBAY AT GOA
                                WRIT PETITION NO.329 OF 2026

           KAMARU BANU ALIAS KAMARU MOHIDDIN
           NATEKAL THR POA SIRAJUDHEEN A.                            ... PETITIONER
             Versus
           THE STATE OF GOA THR CHIEF
           SECRETARY AND 6 ORS                                       ... RESPONDENTS


           Mr. Ajay Menon, Advocate for the Petitioner.
           Mr. Prashil Arolkar, Additional Government Advocate for
           Respondent Nos. 1, 2 and 3.
           Mr. Vinoj K. Daniel (through V.C.), Advocate for Respondent
           No. 4.
           Mr. Shivan Desai with Ms. Riya Amonkar, Advocates for
           Respondent Nos. 5 and 6.
           Ms. Akshata Bhat, Advocate for Respondent No. 7.


                                  CORAM:- VALMIKI MENEZES &
                                          AMIT S. JAMSANDEKAR, JJ.
                                  DATED :- 7th September, 2026

           P.C.:
           1.      In view of the fact that the Petitioner's Restaurant falls within
           the White category under the Order dated 20.07.2026 passed by the
           Central Pollution Control Board, Ministry of Environment, Forest
           & Climate Change, Government of India, the Goa State Pollution
           Control Board has now revoked the impugned order dated
           03.04.2024.


           2.      Mr. Dessai, learned Advocate appearing for Respondent Nos.


                                                  Page 1 of 2
                                               7th September, 2026
                                   44 WP 329 2026


5 and 6, who are the Landlords of the property over which the
Petitioner has claimed the tenancy right under the Goa, Buildings
(Lease, Rent and Eviction) Control Act, 1968, submits that the
petition may be disposed of without prejudice to contentions that
may be raised by the Landlords. Since the application under
Section 18 under the said Act is pending before the Rent
Controller.


3.    Considering that the impugned order is now being revoked,
nothing further survives in this petition. On instructions, Mr.
Menon, learned Advocate appearing for the Petitioner, seeks to
withdraw this petition without prejudice to any of the contentions
that may be raised by the Petitioner in the Rent Application. The
petition is therefore disposed of as withdrawn.


4.    Needless to state that the Goa State Pollution Control Board
shall de-seal the premises of the Petitioner within a period of two
days, since the impugned order is now revoked.


5.   All contentions of the parties are left open since this petition is
not being disposed of on merits.



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



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                                   7th September, 2026

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