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Bombay High CourtWP/228/2016dismissed

Rama Yallapa Telgeri And 3 ORS., v. State Of Goa Through The Chief Secretary And 2 ORS.,

2016-09-21Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 228 OF 2016 RAMA YALLAPA TELGERI AND 3 ORS., ... Petitioners

Versus

STATE OF GOA THROUGH THE CHIEF SECRETARY AND 2 ORS., ... Respondents Adv. Padgaonkar Chaitanya Prakash for the Petitioners. Coram:- C. V. BHADANG, J.

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

The learned counsel for the petitioner, on instructions, seeks permission to withdraw the petition as the petitioner intends to avail the remedy under section 358 (3) of the City of Panaji Corporation Act 2002 before the State Government. It is submitted that the limitation for the said appeal is 30 days and the petitioner may be protected on that count. The learned counsel also prays for extension of the interim relief in order to enable the petitioner to move the Appellate Authority for appropriate orders.

2. In such circumstances, the petition is dismissed as withdrawn. If an application is made for condonation of delay in filing the appeal, the Appellate Authority shall have due regard to the provisions of section 5 and section 14 of the Limitation Act while entertaining the

WP/228/2016 appeal. The interim relief already operating in this petition is continued for a period of three weeks. Rival contentions of the parties are left open. In the circumstances, there shall be no order as to costs. C. V. BHADANG, J.

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