Dr. Kalpana V. Kamat v. State Of Goa, Thr. The Chief Secretary And 3 ORS

Santosh

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 190 OF 2021 DR. KALPANA V. KAMAT .....Petitioner.

Versus

STATE OF GOA, THR. THE CHIEF SECRETARY AND 3 ORS

...Respondents.

Ms. Prema Matkar, Advocate appointed under the Legal Aid Scheme for the Petitioner.

Mr. D.J. Pangam, Advocate General with Mr. Neehal S. Vernekar, Addl.Govt. Advocate for the respondents No.1 & 2. CORAM :

M. S. SONAK & SMT. M.S. JAWALKAR, JJ.

DATED :

6th September 2021 P.C. :

1.

Heard Ms. Matkar who has been appointed under the Legal Aid Scheme for the petitioner.

2.

The learned Advocate General appears along with Mr. Neehal Vernekar for Respondents No.1 and 2.

3.

For the order which is proposed to be made, notice to respondents no.3 and 4 is not necessary. This is because we intend to safeguard rights of respondents no.3 and 4 as well. 4.

The petitioner addressed a complaint dated 6/7/2020 to the Registrar of Co-operative Societies, complaining about some disputes between herself and other members of the Society, as well as the managing committee of the Society. The grievance of the petitioner is that respondent no.2, instead of himself considering such disputes, has requested respondents no.3 and 4 to resolve the same.

5.

The learned Advocate General now makes a statement that respondent no.2 will treat the complaint dated 6/7/2020 as a prima facie dispute in terms of Section 83 of the Goa Cooperative Societies Act, 2006 (said Act) and on hearing all the parties, including respondents no.3 and 4, dispose of the same in accord with law and on its own merits. The learned Advocate General requests that it be recorded that all contentions of all parties are kept open.

6.

Therefore, by recording the aforesaid, we dispose of this petition. Respondent no.2 to look into the complaint and dispose of the same in accord with law and on its own merits, after complying with the principles of natural justice and fair play. 7.

This petition is disposed of in the aforesaid terms. There shall be no order as to costs.

8.

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

SMT. M.S. JAWALKAR, J.

M. S. SONAK, J.

Date: 2021.09.06 17:17:43 +05'30'

SANTOSH S MHAMAL