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Bombay High CourtWP/155/2019disposed of

Sanyukta Desai., v. State Of Goa, Thr. Its Chief Secretary And ANR.,

2019-02-07Hon'Ble Shri Justice M. S. Sonak,Hon'Ble Shri Justice Prithviraj K. Chavan2 pages

1 wp155-19-07-02-19 Santosh IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.155 OF 2019 Sanyukta Dessai.

..... Petitioner.

Versus

State of Goa and another.

...... Respondents.

Ms. Reshma Kantak, Advocate for the Petitioner. Mr. Dattaprasad Lawande, Advocate General with Ms. Neha Kholkar, Additional Govt. Advocate for the Respondents Coram : M.S. Sonak & Prithviraj K. Chavan, JJ.

Date : 7 February 2019.

P.C.:

1.

Heard Ms. Reshma Kantak, learned Counsel for the Petitioner and the learned Advocate General for the Respondents. 2.

The learned Advocate General states that the order dated 25/01/2019, which is impugned in the present Petition, shall stand withdrawn with immediate effect. He submits that the Petitioner may be granted liberty to file an additional response to the Notice dated 276.11.2018 and, if the Petitioner desires, may appear before the Health Officer, Community Health Centre, Pernem, Goa and make submissions in pursuance of the Notice dated 27.11.2018. The learned Advocate General states that the Health Officer, upon due

2 wp155-19-07-02-19 consideration of the Petitioner's reply/submissions, will thereafter make appropriate orders, in accordance with law, on its own merits. 3.

The Petitioner is, accordingly, granted one week's time to file an additional reply, if the Petitioner chooses to do so. The Petitioner is also granted liberty to appear before the Health Officer on 21 February 2019 at 10.30 a.m. and make submissions in response to the notice dated 27 November 2018. The Health Officer is then granted liberty to dispose of such notice, on its own merits, and in accordance with law.

4.

The Health Officer to communicate the decision to the Petitioner. In case, the order is adverse to the Petitioner, the same shall not be implemented for a period of two weeks from the date of its communication.

5.

With the aforesaid directions and accepting the statement of the learned Advocate General, this Petition is disposed of. 6.

All concerned to act on the basis of an authenticated copy of this order.

(Prithviraj K. Chavan, J.) (M.S. Sonak, J.)