Arushi Cruise Pvt. Ltd Rep. By Director Premjit Sirsaikar v. The State Of Goa Thr, Chief Secretary And 3 ORS

9 WP-25-2023.DOC Jose

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.25 OF 2023 ARUSHI CRUISE PVT. LTD REP. BY DIRECTOR PREMJIT SIRSAIKAR ... Petitioner

Versus

THE STATE OF GOA THR, CHIEF SECRETARY AND 3 ORS.

... Respondents Mr Nigel da Costa Frias with Ms Barbara Andrade, Advocates for the Petitioner.

Mr D. Pangam, Advocate General with Ms Maria Correia, Additional Government Advocate for the Respondent-State. Mr A. Sardessai, Advocate for Respondent No.2. Mr Akhil Parrikar, Advocate for Respondent No.4.

CORAM:

M.S. SONAK & BHARAT P. DESHPANDE, JJ.

DATED:

26th September 2023 P.C.:

1.

Heard Mr Costa Frias who appears along with Ms Barbara Andrade for the Petitioner. Learned Advocate General appears with Ms Maria Correia for Respondent Nos.1 and 3. Mr Sardessai appears for Respondent No.2 and Mr Parrikar appears for Respondent No.4. 2.

The Petitioner had pointed out to some alleged illegalities being indulged by Respondent No.4 and sought for striking out the agreements, if any, entered between Respondent Nos.2, 3 and 4 for managing the Santa 26th September 2023

9 WP-25-2023.DOC Monica Jetty or M.V. Shanta Durga Pier at Panaji, Goa. 3.

Learned Advocate General has produced before us the show-cause notice dated 07.09.2023 addressed by the Director of Tourism to Respondent No.4 requiring Respondent No.4 to show cause as to why action should not be initiated for alleged breaches of terms and conditions of the agreement. Learned Advocate General states that Respondent No.4 has filed a response and the Director of Tourism will now dispose of the show-cause notice within six weeks from today. 4.

Accordingly, we accept the learned Advocate General's statement and direct the Director of Tourism to act accordingly, The Director of Tourism must communicate the decision of the show-cause notice to Respondent No.4 and the Petitioner within this period of six weeks. 5.

If any of the parties are aggrieved by the decision of the Director, they shall be at liberty to challenge the same in accordance with the law. All contentions of all parties are left open for decision by the Director of Tourism in the first instance.

6.

Again, it is clarified that all contentions of all parties including the contentions raised in this petition are left open. 7.

Considering the above development, we do not think it would be proper to keep this petition pending. Accordingly, this petition is disposed of with liberty as aforesaid.

8.

All concerned to act on an authenticated copy of this order. BHARAT P. DESHPANDE, J.

M.S. SONAK, J.

26th September 2023 JOSE FRANCISCO DSOUZA FRANCISCO DSOUZA Date: 2023.09.26 16:51:03 +05'30'