MARIANO MARQUES Vs. STATE OF GOA

JUDGEMENT

(1.) HEARD . Rule. Rule returnable forthwith by consent of the parties. Learned Counsel for respondents waive service.

(2.) THE present writ petition is taken up for final adjudication at the admissions stage itself.

(3.) BY the first order dated 24/04/2012, Deputy Collector, Ponda had initiated the action against present petitioner for giving directions for lodging the complaint against the petitioner for the offence punishable under S. 181 of Indian Penal Code. Said directions were given on the basis of complaint given by present respondent no. 2 dated 25/08/2010 requesting the Deputy Collector to file complaint against the present petitioner under S. 181 of Indian Penal Code for filing false affidavit before Deputy Collector in a matter of conversion proceedings. Without much going into the details, suffice it to say that the said conversion proceedings against some another person by name Shyam Naik were initiated by Mamlatdar, Ponda again on the complaint given by the present respondent no. 2. The said complaint of respondent no. 2 was that said Shyam Naik was doing some construction without the permission of the competent authorities and requested the Mamlatdar to take appropriate action. On said complaint, a proceeding under case no. 7/88/2002 -III -Conv. was initiated. Admittedly, the said proceeding was initiated by Mamlatdar, Ponda on behalf of State against Shyam Naik and one Venkatesh Naik. Venkatesh Naik was apparently owner of the property and Shyam Naik was the person who was doing some construction on survey no. 919/14 of village Shiroda. In the said proceeding, notices were issued to the respective parties.