Shri. Shripad Naik And ANR., v. The Principal Chief Engineer, Govt. Of Goa, P.W.D And ANR.,

IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL APPLICATION NO. 146 OF 2015 IN WRIT PETITION NO. 33 OF 2015 SHRI. SHRIPAD NAIK AND ANR., ... Applicants

Versus

THE PRINCIPAL CHIEF ENGINEER, GOVT. OF GOA, P.W.D AND ANR., ... Respondents Mr. D.Pangam, Advocate for the applicants.

Mr. D. Lawande, G.A.for the respondents.

Coram:- F. M. REIS & K. L. WADANE, JJ.

Date:- 24th August, 2015 P.C.

Heard Mr. Pangam, learned Advocate appearing for the applicants and Mr. D. Lawande, learned Government Advocate appearing for the respondents.

2. This is an application seeking stay of the operation of the impugned order dated 25th July, 2012, 10th July, 2014, 27th August, 2014 and 13th July, 2015. Rule has already been issued in the above writ petition by an order dated 23rd June, 2015. After such Rule was issued, the respondents sent a letter dated 20th July, 2015, inter alia,demanding the recovery of the amounts in terms of the impugned order. Shri Pangam, the learned counsel appearing for the applicants states that the petitioners have a good case on merits and as such, the recovery by the respondents is not justified.

CA/146/2015

3. On the other hand, Mr. Lawande, the learned Government Advocate disputes the said contention.

4. In the facts and circumstances of the case, until further orders,the operation of the impugned order to the extent of the recovery of the amounts paid to the petitioners and sought to be recovered in terms of the order dated 13th July, 2015 is stayed.

5. Application stands disposed of.

K. L. WADANE, J.

F. M. REIS, J.

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