Vithal Naik And ANR., v. State Of Goa, Through The Chief Secretary And 4 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 78 OF 2016 VITHAL NAIK AND ANR., ... Petitioners

Versus

STATE OF GOA, THROUGH THE CHIEF SECRETARY AND 4 ORS., ... Respondents Mr. Gaurang Digamber Panandiker, Advocate for the petitioners. Mr. P. Faldessai, Additional Govt. Advocate for the respondents No.1 and 2.

Coram:- F. M. REIS & K. L. WADANE, JJ.

Date:- 21st January, 2016 P.C.:

Heard Mr. Mr. G. D. Panandiker, learned Counsel appearing for the petitioners and Mr. P. Faldessai, learned Additional Govt. Advocate appearing for the respondents No.1 and 2.

2. During the course of the hearing of the above petition, the learned Counsel appearing for the petitioners points out that in the proceedings which have been initiated by the respondent No.2, the petitioners have raised a preliminary objection with regard to the jurisdiction of the respondent No.2 to proceed with the proceedings initiated before such Authority. The learned Counsel further points out that there is no decision on such preliminary objection which has been raised by the petitioners. The learned Additional Government

WP/78/2016 Advocate, upon instructions from the respondent No.2 who is present in the Court, states that the respondent No.2 shall proceed to decide the preliminary objection in accordance with law, within one month.

3. Hence, the above petition stands disposed of by accepting the statement of the learned Additional Government Advocate. The respondent No.2 shall proceed to decide the preliminary objection raised by the petitioners, after hearing the parties in accordance with law, within one month from today. All contentions of both the parties, on merits, are left open.

K. L. WADANE, J.

F. M. REIS, J.

ssm.