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Bombay High CourtMCA/476/2016disposed of

Vikas Parishad Also Known As Pedne Taluka Vikas Parishad, Rep. By Shri Ramakant Khalap And ANR. v. Goa University, Thr. Its Registrar And 3 ORS.

2016-06-15F. M. Reis,Hon'Ble Kum. Justice Nutan D. Sardessai2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 476 OF 2016 IN STAMP NUMBER MAIN NO. 1750 OF 2016 VIKAS PARISHAD ALSO KNOWN AS PEDNE TALUKA VIKAS PARISHAD, REP. BY SHRI RAMAKANT KHALAP AND ANR.

... Applicant

Versus

GOA UNIVERSITY, THR. ITS REGISTRAR AND 3 ORS.

... Respondent Mr. PArag Rao, Advocate for the Applicants.

Ms. A. Agni, Senior Advocate with Ms. Aditi Kamat, Advocate for the Respondent no. 1.

Ms. Purna Bhandari, Addl. Government Advocate for the Respondent nos. 2, 3 and 4.

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

Date:- 15th June, 2016 P.C.

Heard Shri Parag Rao, learned Counsel appearing for the Petitioners, Ms. Agni, learned Senior Advocate appearing for the Respondent no. 1 and Ms. Purna Bhandari, learned Addl. Government Advocate appearing for the Respondent nos. 2, 3 and 4.

2. This is an application for amendment of the above Writ Petition, inter alia, to challenge an Order passed by the Executive Council of the Goa University as well as some communication sent by the Respondent no. 3 way back on 21.06.2013.

MCA/476/2016

3. The learned Addl. Government Advocate appearing for the Respondent nos. 2, 3 and 4 pointed out that the challenge to the communication is barred by latches as, according to her, the challenge is belated and, as such, the question of granting leave to amend shall not arise.

4. As the Petition is not admitted, we find no reason to refuse leave to the Petitioners at this stage to amend the Petition. Needless to say, all contentions of the Respondents with regard to latches or otherwise are left open which can be raised by the Respondents in their reply to the main Petition.

5. With the above observations, leave granted to amend the above Petition. Amendment to be carried out within two weeks. Learned Counsel for the Respondents be served with the amended copy of the Petition.

6. Application stands disposed of.

7. Petition S.O. to 20.06.2016.

NUTAN D. SARDESSAI, J.

F. M. REIS, J.

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