Bombay High CourtWP/731/2015disposed of

Ramchandra G. N. Mule., v. State Of Goa Through The Chief Secretary And 2 ORS.,

2015-09-23Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 731 OF 2015 RAMCHANDRA G. N. MULE., ... Petitioner

Versus

STATE OF GOA THROUGH THE CHIEF SECRETARY AND 2 ORS., ... Respondents Shri Nitin Sardessai, Senior Advocate with Shri G.D. Panandiker, Advocate for the Petitioner.

Shri M. Salkar, Government Advocate for Respondents No.1 & 2. Coram:- C. V. BHADANG, J.

Date:- 23rd September, 2015 P.C.:

Heard Shri Nitin Sardessai, the learned Counsel for the petitioner and Shri M. Salkar, the learned Government Advocate for Respondents No.1 & 2.

2. The learned Government Advocate has raised an issue about the petition not being maintainable on account of availability of an alternate remedy to file an appeal under Section 114A of the Goa Co-operative Societies Act.

3. Shri Sardessai, the learned Senior Counsel, on instructions, submits that the petitioner is desirous of availing the remedy under Section 114A of the said Act by filing an appeal. He therefore, on instructions, seeks permission to withdraw the petition. He further

WP/731/2015 submits that the Division Bench of this Court by an order dated 19/08/2015 in Writ Petition No.628/2015 had granted protection to the petitioner for a period of two weeks from the date of passing of the order by the second respondent. He submits that the said period would be expiring tomorrow. He requests that the said protection may be extended for a period of 10 days.

4. The learned Government Advocate appearing for respondents no.1 & 2 submits that appropriate order may be passed in this regard.

5. In such circumstances, the Writ Petition is disposed of as withdrawn with no order as to costs. The protection granted to the petitioner shall continue for a period of 10 days from today. All the rival contentions on merits are kept open.

C. V. BHADANG, J.