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Bombay High CourtWP/58/2011disposed of

Dr. Ashoka G. Dessai v. State Of Goa, Through Its Chief Secretary And 2 ORS.,

2023-06-09Hon'Ble Shri Justice M. S. Karnik,Hon'Ble Shri Justice Bharat P. Deshpande2 pages

WP 58 of 2011 vinita

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.58 OF 2011 WITH WRIT PETITION NO.699 OF 2012, WRIT PETITION NO.648 OF 2011, WRIT PETITION NO.58 OF 2010 WRIT PETITION NO.58 OF 2011 DR. ASHOKA G. DESSAI ... PETITIONER

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STATE OF GOA, THROUGH ITS CHIEF SECRETARY AND 2 ORS., ... RESPONDENTS WITH WRIT PETITION NO.699 OF 2012 GAUS KHAN USMAN KHAN ... PETITIONER

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STATE OF GOA THROUGH ITS CHIEF SECRETARY AND 6 ORS., ... RESPONDENTS WITH WRIT PETITION NO.648 OF 2011 DR. D. JAYARAMA BHAT, ... PETITIONER

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STATE OF GOA, THROUGH ITS CHIEF SECRETARY AND 4 ORS., ... RESPONDENTS WITH WRIT PETITION NO.58 OF 2010 MR. RABINDRA DIAS AND ANR., ... PETITIONER

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MRS. MARIA FILOMENA FURTADO AND 10 ORS., ... RESPONDENT Mr. J. Supekar and Mr. S. Sayed, Advocate for the petitioner. Mrs. A.Agni, Senior Advocate with Ms. J. Sawaikar, Advocate for respondent no.2.

Mr. S. Parab, AGA for respondent nos.1 and 3 in WP 58/2011. Mr. S. Priolkar, AGA for respondent nos.1 and 3 in WP 648/2011. Mr. V. Sardessai, AGA for respondent nos.1 and 3 in WP 699/2012. CORAM:- M. S. KARNIK & BHARAT P. DESHPANDE, JJ.

DATED :- 9th June, 2023 9th June, 2023

WP 58 of 2011 P.C.

Writ Petition 699/2012 be detagged from this group of matters and shall be heard separately. List the petition on 16.6.2023.

2. So far as the two petitions i.e Writ Petition No.58/2011 and 648/2011 are concerned, the learned Addl. Govt. Advocate has brought to our notice two decisions of the Hon'ble Supreme Court in Dr. J.Vijayan and others Vs State of Kerala and others, 2022 SCC online SC 958 and in case of Jagdish Prasad Sharma Vs State of Bihar, (2013) 8 SCC 633.

3. We have heard learned Counsel for the petitioner for some time.

4. Having gone through the decisions of the Hon'ble Supreme Court, we find that issue that has been raised in the present Writ Petitions has been squarely answered by the Hon'ble Supreme Court in the aforesaid decisions. The submissions made by the learned counsel for the petitioner lack merit. In view of the decisions of the Hon'ble Supreme Court, present petitions must fail and are accordingly dismissed.

BHARAT P. DESHPANDE, J.

M. S. KARNIK, J.

9th June, 2023