Full Judgment Text
2026:BHC-GOA:343
2026:BHC-GOA:343
wp-145-2026
Suzana
IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO.145 OF 2026
1. M/s. Goan Real Estate and
Construction Pvt. Ltd., a Company
registered under Companies Act
1956, having its registered office at
Aldeia De Goa, P.O. Goa University,
North Goa, Goa. Represented thr. Its
Authorised Representative B.K.
Satish, s/o. Mr. Krishna V. Bhat,
aged 46 years, having office at Aldeia
De Goa, PO Goa University, North
Goa.
Versus
…..Petitioner.
1. Shri. Guno Krishna Gauns, son of
late Krishna Gauns, age 76 years,
Indian National, r/o. House
No.240/5, Zari Bhat, Near
Bambolim Beach Resort, Bambolim-
Goa.
2. Smt. Lakshimi Guno Gauns, D/o.
Late Lumo Kholkar, wife of Guno
Krishna Gauns, age 72 years, Indian
National, r/o. House No.240/5, Zari
Bhat, Near Bambolim Beach Resort,
Bambolim-Goa.
3. Shri. Tulsidas Gauns, son of Guno
Krishna Gauns, age 42 years, Indian
National, r/o. House No.240/5, Zari
Bhat, Near Bambolim Beach Resort,
Bambolim-Goa.
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4. Shri Rahul Gauns, son of Guno
Krishna Gauns, age 37 years, Indian
National, r/o. House No.240/5, Zari
Bhat, Near Bambolim Beach Resort,
Bambolim-Goa. …Respondents.
Mr. Jitendra P. Supekar, Advocate for the Petitioner.
Mr. Vineet Surlakar, Advocate for the Respondents.
CORAM: VALMIKI MENEZES, J.
th
DATED: 25 FEBRUARY, 2026.
ORAL JUDGMENT:
1. Registry to waive office objections and register the matter.
2. Rule. Rule is made returnable forthwith with the consent of learned
Counsel for the parties.
4. The parties to this Petition have today filed Consent Terms by which
they have settled their disputes, which are pending adjudication in a
Proceeding under Section 3 of the Mamlatdar’s Court Act, 1966, before
the Joint Mamlatdar of Tiswadi in Case No. MCA/JM-I/Bamb/1/2009.
That case pertains to a claim of right of way/easement that the present
Respondent/original complainant before the Mamlatdar claimed as
access from the Bambolim-Siridao road through their land under Survey
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No.102/4 and across the land claimed by the Petitioner under Survey
No.101/3 of Village Bambolim.
5. All the parties are present today and have accepted having executed
the Consent Terms by affixing their signatures on the same. The parties
have been identified by the production of their Aadhaar cards which are
annexed to the Consent Terms.
6. I have perused the Consent Terms, and in substance, the Petitioner
has agreed to provide 3 metre motorable access along the alignment
shown in red lines on the Plan, Annexure A to the Consent Terms, which
is parallel to 6 metre wide proposed road that the Petitioner would be
constructing. The access now provided to the Respondents, as agreed by
them, passes through the Petitioner’s land under Survey No.101/1 and
Survey No.101/3 belonging to the Petitioner. The Consent Terms arrived
at between the parties appear to be fair and subserve the interests of both
the contesting factions. The Consent Terms are taken on record and
marked ‘X’ for identification. The Consent Terms consist of 28 pages, the
last of which is Annexure ‘A’, the Plan that depicts access to be provided
to the Respondents.
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7. Accordingly, this Writ Petition shall stand disposed of in terms of
the Consent Terms. The parties shall place a certified copy of these
Consent Terms along with this Order before the Joint Mamlatdar of
Tiswadi in case No. MCA/JM-I/Bamb/1/2009, who shall dispose of the
said case on receipt of the certified copy of the Consent Terms and this
Order.
The Mamlatdar-I shall dispose of the case by passing an Order in
terms of the Consent Terms and declaring the access as shown in the Plan
annexed at ‘A’ as the one for the use of the Respondents.
8. The Joint Mamlatdar of Tiswadi to act on an authenticated copy
and a certified copy of this Order within two weeks from the receipt of
this Order.
9. Rule is made absolute in the above terms.
VALMIKI MENEZES, J.
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