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Bombay High CourtPILWP/20/2021withdrawn

The Goa Foundation, Thr. Its Secretary, Dr. Claude Alvares v. The State Of Goa, Thr. Its Chief Secretary And Also The Principal Secretary (Mines) And 2 ORS

2022-12-15Hon'Ble Shri Justice G. S. Kulkarni,Hon'Ble Shri Justice Bharat P. Deshpande2 pages

PILWP-20-2021.doc Andreza

IN THE HIGH COURT OF BOMBAY AT GOA

PUBLIC INTEREST LITIGATION WRIT PETITION NO. 20 OF 2021 The Goa Foundation, Thr. Its Secretary, Dr. Claude ... Petitioner Alvares

Versus

The State of Goa, Thr. Its Chief Secretary and also ... Respondents the Principal Secretary (Mines) and 2 Ors.

Ms. Norma Alvares with Mr Om D'Costa, Advocates for Petitioner. Mr Devidas J. Pangam, Advocate General with Ms Maria Correia, Additional Government Advocate for the State.

Mr. Raviraj Chodankar, Deputy Solicitor General of India, for Respondent no.3.

Mr S. S. Kantak, Senior Advocate with Ms Swati Kamat, Mr Preetam Talaulikar and Ms Neha Shirodkar, Advocates for Respondent No.5. Mr Yashraj Singh Deora with Mr Parag Rao, Ms Swati Kamat and Mr Akhil Parrikar, Advocates for Respondents No.4 and 9. Mr Yashraj Singh Deora with Ms Swati Kamat, Advocate for Respondent No.7.

Mr Ryan Da Piedade Menezes with Ms S. Alvares, Ms. Gina Almeida and Mr. Nigel Fernandes, Advocates for Respondent No.8. Mr S. D. Lotlikar, Senior Advocate with Ms S. Kenny, Advocate for Respondent No.6.

Ms Linette Rodrigues, Advocate for Respondent No.4. 15th December 2022

PILWP-20-2021.doc

CORAM:

G.S. KULKARNI & BHARAT P. DESHPANDE, JJ.

DATED:

15 December, 2022 P.C.:

1.

We had heard this petition on the earlier occasion and the same was adjourned for today to enable Mr. Pangam, the Advocate General to take instructions in regard to the position the State Government would like to take on the impugned cabinet decision dated 23 March, 2021, (Annexure 7). 2.

Mr. Pangam, on instructions makes a statement that the cabinet on a reconsideration is intending to take steps to withdraw the said decision. We accept the statement of Mr. Pangam.

3.

In view of such statement, fair position taken by the State Government further adjudication of the petition is not called for. Petition is accordingly disposed of.

4.

Needless to observe that we have not examined any of the rival contentions including the contentions of the respondents. 5.

All rights of all the parties are expressly kept open. BHARAT P. DESHPANDE, J.

G.S. KULKARNI, J.

PEREIRA Date: 2022.12.16 16:11:52 +05'30'

ANDREZA PEREIRA 15th December 2022