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Bombay High CourtWP/776/2015disposed of

M/S Leading Hotels, Rep Herein By Its Shri. P. Ravi, General Manager And Authorised Representative. v. State Of Goa, Through Its Chief Secretary And ANR.,

2015-10-14Hon'Ble Shri Justice K. L. Wadane,F. M. Reis2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 776 OF 2015 M/S LEADING HOTELS, REP HEREIN BY ITS SHRI. P. RAVI, GENERAL MANAGER AND AUTHORISED REPRESENTATIVE., ... Petitioner

Versus

STATE OF GOA, THROUGH ITS CHIEF SECRETARY AND ANR., ... Respondents Mr. Shivan Desai, Advocate for the petitioner. Mr. A. N. S. Nadkarni, Advocate General with Mr. D. Lawande, Government Advocate for the respondents.

Coram:- F. M. REIS & K. L. WADANE, JJ.

Date:- 14th October, 2015 P.C.

Heard Mr. Shivan Desai, learned counsel appearing for the petitioner and Mr. A. N. S. Nadkarni, learned Advocate General appearing for the respondents.

2. Upon hearing the learned counsel appearing for the respective parties, Mr. Nadkarni, learned Advocate General has pointed out that a corrigendum is being issued to the order dated 02.09.2015 to the effect that such Officer would have powers of Mamlatdar/Agricultural Land Tribunal under the Agricultural Tenancy Act, only for the purpose of conducting such inquiry. The learned Advocate General also pointed out that the inquiry contemplated is only a fact finding inquiry and the report is only

WP/776/2015 recommendatory in nature and the State will take a final decision thereafter in accordance with law.

3. Mr. Desai, learned counsel appearing for the petitioner however points out that the petitioner should be given a hearing before such Inquiry Officer. But however, on perusal of the said order, it clearly stipulates that the petitioner would also be given a hearing at the time of such inquiry.

4. In view of the said clarification, nothing survives in the above petition which stands accordingly disposed of. All contentions of the parties are left open.

K. L. WADANE, J.

F. M. REIS, J.

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