Nandu Golatker., v. State Of Goa, Thr. Chief Secretary And 3 ORS.,

1 WP370-19dt.10.04.2019 IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.370 OF 2019 Nandu Golatker, H.No.45, Voilem Bhat, Merces Tiswadi, Goa.

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Petitioner

Versus

1.State of Goa, Through Chief Secretary, Secretariat, Porvorim Goa.

2.The Commissioner of Excise Office of the Commissioner of Excise M. G. Road, Panaji Goa.

3.The Superintendent of Excise Office of the Commissioner of Excise M.G. Road, Panaji Goa.

4.Superintendent of Police, North Goa, Office of the S. P. North Goa, Porvorim Goa.

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Respondents Mr. S. D. Lotlikar, Senior Advocate with Mr. J. Karn, Advocate for the Petitioner.

Mr. D. Lawande, Advocate General with Mr. V. Sardessai, Additional Government Advocate for the Respondents.

2 WP370-19dt.10.04.2019 Coram : R. D. Dhanuka & Prithviraj K. Chavan, JJ.

Date : 10 th April, 2019 Oral Judgment ( Per R. D. Dhanuka, J ) Rule. The learned Advocate General for the Respondents waives service.

2.

By consent of the parties, the matter is heard finally.

3. Perusal of the Memorandum dated 5th March, 2019 issued by the Superintendent of Excise clearly indicates that the licence granted to the Petitioner has been suspended without issuing any show cause notice and without hearing the Petitioner.

4. The learned Advocate General on instructions states that the impugned Memorandum dated 5th March, 2019 stands withdrawn in toto though the said Memorandum is impugned only by the two of the parties mentioned therein. The Respondents would issue a show cause notice upon the Petitioner and would render an opportunity of being heard to the Petitioner before

3 WP370-19dt.10.04.2019 passing any fresh order. The Petitioner shall be granted sufficient time to file reply and for hearing before passing any order. The statement is accepted.

5.

If any adverse order is passed against the Petitioner by the Authority, the same shall not be implemented by the Authority for a period of two weeks from the date of communication of such order. Rule is made absolute in the aforesaid terms. 6.

Parties to act on the basis of the authenticated copy of this order.

Prithviraj K. Chavan, J. R. D. Dhanuka, J. at*