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Bombay High CourtWP/604/2017rule discharged

Mr. Caesar Vaz., v. State Of Goa, Thr. Chief Secretary And 3 ORS.,

2017-07-12F. M. Reis,Hon'Ble Kum. Justice Nutan D. Sardessai3 pages

-1IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 604 OF 2017 Mr Caesar Vaz, son of Shri Caitano Rosario Mario Vaz, aged 33 years, bachelor, Indian National, businessman, residing at H. No. 479A, Near Government School, Mangor Hill Vaz, Vasco da Gama, Goa.

...

Petitioner V e r s u s 1.

State of Goa Through Chief Secretary, ...

Respondents Having office at Secretariat, Porvorim, Goa.

2.

Goa Coastal Zone Management Authority C/o Department of Science Technology & Environment, Govt. of Goa, 3rd Floor, Dempo Towers, Patto, Panaji, Goa 403 001.

3.

Town and Country Planning Department Govt. of Goa, 4th Floor Osia Complex, Margao, Goa 403 001.

4.

Colva Civic & Consumer Forum House no. 257/1, Bagdem, Ward No. III, Colva, Salcete, Goa.

Mr. Shivan Desai, Advocate for the Petitioner. Mr. V. Sardessai, Addl. Government Advocate for the Respondent no.2.

-2Coram :- F. M. REIS, NUTAN D. SARDESSAI, JJ.

Date :

th July, 2017 ORAL JUDGMENT Heard Mr. Shivan Desai, learned Counsel appearing for the Petitioner and Mr. V. Sardessai, learned Addl. Government Advocate appearing for the Respondents.

2.

Rule. Heard forthwith with the consent of the learned Counsel. Learned Addl. Government Advocate appearing for the Respondents, waives service.

3.

The only contention raised at this stage by Mr. Shivan Desai, learned Counsel appearing for the Petitioner, is that the impugned revocations dated 06.06.2017 by Respondent no. 2 and dated 21.06.2017 by the Respondent no. 3, were without giving a show cause notice nor a hearing to the Petitioner.

4.

The learned Addl. Government Advocate appearing for the Respondent no. 2, upon instructions of Mr. Gajesh alias Vinit V. Tari, Member Secretary, who is present in Court, states that the Respondent no.2 shall issue a show cause notice to the Petitioner and thereafter proceed to take a decision therein in accordance with law. The learned Counsel further pointed

-3out that the subject revocation would be kept in abeyance and would be subject to the decision to be taken on such show cause notice within three months.

5.

Mr. Shivan Desai, learned Counsel appearing for the Petitioner, points out that in case the impugned Order is kept in abeyance in the context of which is stated herein above, the Petitioner shall withdraw the above Petition seeking leave to keep the contentions of the parties on merits open. 6.

Hence, the statement of the learned Addl. Government Advocate, upon instructions of the Member Secretary, stands accepted. The Petition stands accordingly dismissed as withdrawn. Needless to say, all contentions of the parties are left open as we have not examined the merits of the contentions raised therein.

7.

Rule stands disposed of accordingly.

NUTAN D. SARDESSAI, J.

F. M. REIS, J.

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