Pravin Laxman Dhumaskar., v. State Of Goa, Thr. Its Chief Secretary And 3 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA MISCELLANEOUS CIVIL APPLICATION NO.165 OF 2020 IN WRIT PETITION NO.1104 OF 2019 PRAVIN LAXMAN DHUMASKAR.

.... Applicant.

V/s.

1. STATE OF GOA, THR. ITS CHIEF SECRETARY AND 3 ORS.

.... Respondents Mr. C. P. Padgaonkar, Advocate for the petitioner. Mr. Deep Shirodkar, Additional Government Advocate for the respondents no.1 to 3.

Mr. Varun Bhandanker and Mr. Shivan Desai, Advocates for the respondent no.4.

Coram : M. S. SONAK & NUTAN D. SARDESSAI, JJ.

Date : 26 th February, 2020.

P.C. :

Heard Mr. Padgaonkar, the learned Counsel for the applicant, Mr. Deep Shirodkar, the learned Additional Government Advocate for the respondents no.1 to 3 and Mr. Varun Bhandanker

and Mr. Shivan Desai, Advocates for the respondent no.4. 2.

According to us, this application for modification of Order dated 2.1.2020 is not at all necessary for the relief which the applicant seeks.

3.

Instead, the interest of justice will be met if the applicant is permitted to make a complaint to the Director of Tourism in the matter of litigation of the shack of the respondent no.4 and the Director of Tourism is directed to dispose such complaint in a time bound manner.

4.

Accordingly, the applicant creates leave to withdraw this application with liberty to make a complaint to the Director of Tourism.

5.

Mr. Padgaonkar, states that such complaint will be filed by 28.2.2020 and the copy of the same will be furnished to the learned Counsel appearing for the respondent no.4 on the same date. The respondent no.4, if he so chooses to file a reply to the same may be filed on or before 6.3.2020. The copy of the reply to be furnished to the learned Counsel for the applicant. The Director of Tourism to dispose of the complaint latest by 16.03.2020, after affording an

opportunity of hearing to both the applicant as well as the respondent no.4. The applicant and the respondent no.4 to appear before the Director of Tourism on 11.03.2020 at 4.00 p.m. Mr. Shirodkar, states that the Director will hear the parties on the said date and thereafter pass necessary orders by 16.03.2020. 6.

It is made clear that this Court has not gone into the rival contentions between the applicant and the respondent no.4. 7.

With liberty and directions as aforesaid this application is disposed of.

NUTAN D. SARDESSAI, J. M. S. SONAK, J. af*