IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITON NO.74 OF 2026
(SUMAN SHYAM & AMIT S. JAMSANDEKAR,J J.)
RESERVED ON 11th February 2026; PRONOUNCED ON 25 February 2026
PRADEEP P. GHADI AMONKAR AND ANR. … PETITIONERS
VERSUS
STATE OF GOA AND ORS. … RESPONDENTS
Constitution of India – Article 226 – there are disputed questions of facts involved in the petition, and therefore, the Writ Court cannot entertain the same under Article 226 of the Constitution of India – dismissed
Held:- There are civil disputes between the Petitioners and the concerned Respondent which are originating and/or arising out of the Agreement dated 23rd April 2004. Therefore, it certainly appears to us to be an attempt to resolve private civil disputes by the present petition after the tragic incident and to avoid the civil and/or criminal liabilities that may be imposed after the ongoing investigations.
FACTS
The Petitioners in the present petition have alleged violations of their fundamental rights, inter alia, guaranteed by Articles 14, 19(1)(g) and 21 of the Constitution of India. It is stated in the petition that the 10th Respondent, with whom the Petitioners admittedly have Agreement dated 23.04.2004 – It is alleged that said Respondent has breached and violated, inter alia, the provisions of Goa Land and Development and Building Construction Regulations, 2010, Goa (Regulation of Land Development and Building Construction) Act 2008, Goa Town and Country Planning Act, 1974, Goa Panchayat Raj Act, 1994, Goa Land Revenue Code, 1968, CRZ norms and Environment (Protection) Act, 1986, etc. – the concerned Authorities did not take any action.
CITED JUDGMENTS
- Madhukar Janardhan Dhole and ors. v. The Chief Officer and anr [In Writ Petition No. 6728 of 2024 decided on 07.02.2025]
- Raman Madhok and ors. v. State of Goa and ors [In Writ Petition No. 25 of 2021 decided on 20.09.2022]
- Popatrao Vyankatrao Patil v. The State of Maharashtra and ors. [(2020) 19 SCC 241]
- Rampuria Brothers Pvt. Ltd. v. Calcutta Municipal Corpn [ 1988 AIR(Cal) 370]
- Shyamal Kanti Mondal and ors. v. The State of West Bengal and ors [2015 SCC OnLine Cal 10343]
- Anoop Mehta and ors. v. Jaypee Powergrid Ltd. and ors [2010 SCC OnLine HP 5366Mohd Arif and ors. v. Soth Delhi Mucinipal Corporation and ors[In WP(C) 4090/2022 decided on 10.03.2022] Click for Judgment pradap ghadi