← Library
Bombay High CourtPILSM/1/2017disposed of

_ v. The State Of Goa, Thr. Its Chief Secretary And ANR.,

2017-03-24Anoop V. Mohta,Hon'Ble Kum. Justice Nutan D. Sardessai3 pages

IN THE HIGH COURT OF BOMBAY AT GOA.

PUBLIC INTERST LITIGATION (SUO MOTU) NO.1 OF 2017 ....

Petitioner

Versus

1. The State of Goa through its Chief Secretary Secretariat, Porvorim Goa.

2. The Law Secretary, Law Department, Govt. of Goa, Secretariat Porvorim, Goa.

Respondents.

...

Shri Deep Shirodkar, AGA for the respondents. CORAM : ANOOP V. MOHTA & NUTAN D.SARDESSAI, JJ DATE : 24th MARCH, 2017.

ORAL JUDGMENT (Per Anoop V. Mohta, J.):

1.

Rule returnable early. Heard finally.

2.

We are inclined to dispose off present Public Interest Litigation, as this Court based upon the Article in newspaper and considering the requirements of the English translation of Portuguese Civil Code of

1869 (The Code) for various purposes, for the people at large, issued the notice to the State Government to ascertain the position of availability of the translated copy of the Code. The learned AGA appearing on behalf of the respondents, on instructions from Ms. Trupti Manerkar, Under Secretary (Law) has made statement that such translation of Code is not yet available, however, the submission is made that the State Government and will take the effective steps but as time is required and so also an expertise, therefore, more reasonable time be provided. We are inclined to accept the State Government's suggestions and submissions.

3.

All concerned is to have required official translation of the Code at the earliest. We hope that the State Government will take the necessary steps and complete the process of translation and publish it in a official gazette within a reasonable time. 4.

It is pointed out by referring 2002 (2) Goa L.T.289 (Advocate Joaquim Godinho Vs. State of Goa) that the Government is aware of the requirement and they have been taking steps for such translation. 5.

Therefore, taking overall view of the matter and the statement of the learned AGA and reasons recorded above, the present Public

Interest Litigation is disposed off. The State and concerned Department to take effective steps, as early as possible, and published the official translation of Code in official gazette within reasonable time. Hence, the following order:

ORDER

(i) This Suo Motu Public Interest is disposed off accordingly, with liberty.

(ii) No cost.

NUTAN D. SARDESSAI, J ANOOP V. MOHTA, J.

mukund