Chandrakant Nayak v. State Of Goa Thr. Chief Secretary And 3 ORS

Suchitra

IN THE HIGH COURT OF BOMBAY AT GOA

PIL WRIT PETITION NO.41/2022 CHANDRAKANT NAYAK ... Petitioner

Versus

STATE OF GOA, THR. ITS CHIEF SECRETARY AND ORS.

... Respondents Mr Dattaprasad Lawande with Mr Gauravvardhan A.S. Nadkarni, Advocates for the Petitioner.

Mr D. Pangam, Advocate General with Mr P. Arolkar, Additional Government Advocate for the Respondent-State. Mr Parag Wagle, Advocate for Respondent No.4. WITH MISC. CIVIL APPLICATION NO.319/2023 (F) IN PIL WRIT PETITION NO.41/2022 NEMINATH @ BHUSHAN BABAL MANGESHKAR AND 25 ORS. ... Applicants

Versus

STATE OF GOA, THR. ITS CHIEF SECRETAR & ORS. ... Respondents Mr Nigel da Costa Frias with Ms Laxmi Sawant, Advocates for the Applicants.

Mr Shivan Desai, Advocate for Respondent No.2. Mr Akshay Naik, Advocate for Respondent No.5.

CORAM:

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

DATED:

5th JULY 2023 P.C.:

1.

Mr Lawande, learned counsel for the petitioner based on instructions from the petitioner seeks leave to withdraw this petition with liberty to file a consolidated petition raising additional issues and pressing for issues already raised in this petition.

2.

In this matter, initially, we tried to see if the authorities and all other stake holders confer with each other and come out with some solution concerning access to the Mangueshi temple. However, despite meetings, it appears that no solution could be arrived at.

3.

Mr Lawande states that most of the shops/hawkers/stalls put up on the access may not be authorised. Accordingly, he submits that a consolidated petition would be filed raising all such issues together with the issues already raised in this petition. 4.

Accordingly, we grant leave to withdraw this petition with liberty as prayed for.

5.

Mr Akshay Naik, learned counsel for the Panchayat (respondent no.5) states that in pursuance to the interim order

granted by this court, no fresh permissions have been granted for the shops/hawkers/stalls. He states that no such permissions will be granted for a period of six weeks from today. Tis statement is accepted and the Panchayat will have to abide by the same. 6.

Tis petition is disposed of with liberty as prayed for. Tere shall be no order for costs.

7.

Te Misc. Civil Application in this petition does not survive the disposal of the petition and even the same is disposed of.

BHARAT P. DESHPANDE, J. M. S. SONAK, J. SUCHITRA NANDAN SINGBAL SUCHITRA NANDAN SINGBAL Date: 2023.07.06 10:17:40 +05'30'