Longuinhos Bar And Restaurant, Thr. Its Partner Mr. Ivo Coutinho And ANR., v. State Of Goa, Thr. Its Chief Secretary, Porvorim, Goa And 3 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 447 OF 2017 LONGUINHOS BAR AND RESTAURANT, THR. ITS PARTNER MR. IVO COUTINHO AND ANR., ... Petitioners

Versus

STATE OF GOA, THR. ITS CHIEF SECRETARY, PORVORIM, GOA AND 3 ORS., ... Respondents Mr. S. D. Lotlikar, Senior Advocate with Mr. Devidas J. Pangam, Advocate for the Petitioners.

Mr. D. Lawande, Advocate General with Mr. P. Dangui, Addl. Government Advocate for the Respondents.

Coram:- F. M. REIS & NUTAN D. SARDESSAI, JJ.

Date:- 4th May, 2017 P.C.

Heard Shri S. D. Lotlikar, learned Senior Advocate appearing for the Petitioners and Mr. D. Lawande, learned Advocate General appearing for the Respondents.

2. During the course of the hearing of the above Petition, a Judgment passed by this Court in PILWP no. 11 of 2012 dated 23.10.2012 was brought to the notice of the learned Advocate General who pointed out that Respondent nos. 1 and 4 shall re-examine the impugned decision under challenge and take a final decision with that regard within one month from today after examining whether the subject road is a Highway or not.

WP/447/2017

3. In view of the said statement of the learned Advocate General, Shri S. D. Lotlikar, learned Senior Advocate appearing for the Petitioners, seeks leave to withdraw the above Petition by keeping all the contentions open.

4. Accepting the said statement of the learned Advocate General, the Petition stands dismissed as withdrawn. Respondent nos. 1 and 4 shall accordingly take a fresh decision in accordance with law.

5. All the contentions of both the parties on merits are left open. NUTAN D. SARDESSAI, J.

F. M. REIS, J.

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