Chandrakant Nayak v. State Of Goa, Through Its Chief Secretary And 2 ORS

10 CP-12-2024.DOC Jose

IN THE HIGH COURT OF BOMBAY AT GOA

CONTEMPT PETITION NO.12 OF 2024 IN P.I.L. WRIT PETITION NO.23 OF 2023 CHANDRAKANT NAYAK ... Petitioner

Versus

STATE OF GOA, THROUGH ITS CHIEF SECRETARY AND 2 ORS.

... Respondents Mr Gauravvardhan Nadkarni, Advocate for the Petitioner. Ms Maria Correia, Additional Government Advocate for the Respondent-State.

Mr Jatin Ramaiya, Advocate for Respondent Nos.2 and 3.

CORAM:

M.S. SONAK & VALMIKI MENEZES, JJ.

DATED:

23rd April 2024 P.C.:

1.

Heard Mr Nadkarni for the Petitioner and Mr Ramaiya for Respondent Nos.2 and 3.

2.

The complaint in this petition was non-compliance with the directions issued by us in our order dated 11.09.2023. 3.

The 2nd and 3rd Respondents have now filed affidavits that showcause notices were issued to almost 83 persons who had carried out illegal 23rd April 2024

10 CP-12-2024.DOC constructions on the access to the temple. Mr Ramaiya, on instructions, states that the Panchayat, upon considering the replies filed, has issued demolition notices to these 83 persons. Copies of demolition notices are also furnished to Mr Nadkarni the learned Counsel for the Petitioner. 4.

Now that the Panchayat has taken action, we do not think that this contempt petition should be kept pending. In this case, we noted that there was initially great reluctance followed by delay in complying with the directions. However, now that there is substantial compliance and the 2nd and 3rd Respondents have also tendered their unconditional apologies, we accept such apologies and discharge the contempt notices. 5.

The contempt petition is accordingly disposed of. There shall be no order for costs.

VALMIKI MENEZES, J.

M.S. SONAK, J.

JOSE FRANCISCO DSOUZA FRANCISCO DSOUZA Date: 2024.04.24 10:09:08 +05'30'

23rd April 2024