Ramchandra G. N. Mule And 11 ORS., v. State Of Goa, Through The Chief Secretary And 4 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 628 OF 2015 RAMCHANDRA G. N. MULE AND 11 ORS., ... Petitioners

Versus

STATE OF GOA, THROUGH THE CHIEF SECRETARY AND 4 ORS., ... Respondents Mr. N. Sardessai, Senior Advocate with Mr. D. Shirodkar, Advocate for the petitioners.

Mr. V. Rodrigues, Addl. Government Advocate for the respondents. Coram:- F. M. REIS & K. L. WADANE, JJ.

Date:- 19th August, 2015 ORAL ORDER Heard Mr. N. Sardessai, learned Senior Counsel appearing for the petitioners and Mr. V. Rodrigues, learned Addl. Government Advocate appearing for the respondents.

2. Upon hearing the learned counsel appearing for the respective parties, as rightly pointed out by Mr. Rodrigues, learned Addl. Government Advocate appearing for the respondents the challenge in the above petition is essentially to the show cause notice dated 31.07.2015. As the petitioners would be entitled to file a reply to such show cause notice and the respondent no.2 will decide such show cause notice independently in accordance with law after hearing the petitioners, we find that the question of interfering in the above petition or examining the validity of the provisions challenged

WP/628/2015 in the above petition at this stage would not be justified. As such, we dispose of the above petition by permitting the petitioners to file their reply to the show cause notice on 25.08.2015 when the matter is stated to be posted before the respondent no.2 and the respondent no.2 shall proceed to dispose of the show cause notice after hearing the petitioners on merits in accordance with law within two weeks thereafter.

3. Mr. Sardessai, learned Senior Counsel appearing for the petitioners points out that the petitioners may be protected in case any adverse order is passed against the petitioners that such order shall not be implemented by the respondent no.2 for a period of two weeks subject to the respondents not taking any major financial or other decision with regard to the concerned society. The petitioners stand accordingly protected for a period of two weeks from the date of passing such order by the respondent no.2 on such terms in case any adverse order is passed by the respondent no.2 against the petitioners. All contentions of both the parties on merits are left open.

4. The petition stands disposed of accordingly. K. L. WADANE, J.

F. M. REIS, J.

at*