Abdul Latif Khan., v. The Chief Officer, Margao Municipal Council And ANR.,

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 337 OF 2019 ABDUL LATIF KHAN., ... Petitioner

Versus

THE CHIEF OFFICER, MARGAO MUNICIPAL COUNCIL AND ANR., ... Respondents Mr. Tarshish Leo Pereira, Advocate for the Petitioner. Mr. C.A. Coutinho, Advocate for Respondent No. 1. Ms. Sulekha Kamat, Additional Government Advocate for Respondent Nos. 2 and 3.

Coram:- C. V. BHADANG, J.

Date:- 29th July, 2019 ORAL ORDER:

Heard the learned Counsel for the parties.

2. This petition can be disposed off on a short count.

3. The electricity and water connection released to the petitioner, under the Goa Public Health Act, has been disconnected by the first respondent, on the ground that the petitioner was allegedly found conducting some commercial activities in a part of the disputed premises. It is not disputed that the electricity and water connection have both been disconnected somewhere in February, 2019.

WP/337/2019

4. Mr. Pereira, the learned Counsel for the petitioner, on instructions, states that the petitioner will discontinue the commercial activities, which he was conducting in the suit premises. The statement so made is accepted.

5. Mr. Coutinho, the learned Counsel for the first respondent states that if the petitioner files a fresh application for release of the electricity and water connection under the Goa Public Health Act, the first respondent shall consider the same, on its own merits and in accordance with law.

6. The petitioner shall be at liberty to file a fresh application for release of the electricity and water connection under the Goa Public Health Act, within a period of one week from today. If such an application is filed, the first respondent shall decide the same, on its own merits and in accordance with law, within three weeks thereafter.

7. The petition is disposed off in the aforesaid terms, with no order as to costs.

C. V. BHADANG, J.

EV