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Bombay High CourtWP/162/2017disposed of

Shri. Durvas Vinayak Durbhatkar., v. State Of Goa, Thr. Its Chief Secretary And 4 ORS.,

2017-02-27Anoop V. Mohta,Hon'Ble Kum. Justice Nutan D. Sardessai2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 162 OF 2017 SHRI. DURVAS VINAYAK DURBHATKAR., ... Petitioner

Versus

STATE OF GOA, THR. ITS CHIEF SECRETARY AND 4 ORS., ... Respondents Mr. Abhay Nachinolkar, Advocate for the petitioner. Mr. P. Dangui, Additional Govt. Advocate for respondents No.1 to 4.

Coram:- ANOOP V. MOHTA & NUTAN D. SARDESSAI, JJ.

Date:- 27th February, 2017 P.C.:

Mr. P. Dangui, learned Additional Govt. Advocate, on instructions, makes a statement that considering the grievances so raised and the issues so involved, the respondents are inclined to issue a show cause notice to the petitioner as the impugned communication has a foundation of a complaint lodged by some third person. Even, otherwise, the basic requirement of issuing a show cause notice and hearing is a must, specifically when the rights have already been created in favour of the petitioner based upon the deed of sale in question.

2. By keeping all contentions open, we are disposing of this petition, with liberty to the respondents to take appropriate steps and the contesting parties to deal with the same, in

WP/162/2017 accordance with law. It is made clear that the respondents shall issue notices within one week, within two weeks thereafter the contesting parties shall file reply/defence, if any, and the respondents shall decide the issue within four weeks thereafter.

3. The petition is disposed of accordingly. No costs. NUTAN D. SARDESSAI, J.

ANOOP V. MOHTA, J.

ssm.