Vivek Anand Lopes Da Graca Pinto., v. The Home Dept. (F And Cd), Govt. Of Goa And 6 ORS.,

Meena

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.824 OF 2019 VIVEK ANAND LOPES DA GRACA PINTO., VS THE HOME DEPT. (F AND CD), GOVT. OF GOA AND 6 ORS., ... Petitioner ... Respondents Mr. T. George John, Advocate for the Petitioner. Mr. D. Pangam, Advocate General with Mr. Neehal Vernekar, Additional Government Advocate for respondents No.1 and 3. Mr. Mahesh Amonkar, Standing Counsel for Central Government for respondents No.2 and 6.

CORAM:

M. S. SONAK & R. N. LADDHA,JJ DATE :

P.C. :

1.

Heard Mr. T. George John, learned Counsel for the petitioner and Mr. Mahesh Amonkar, learned Central Government Standing Counsel for respondents No.2 and 6.

2.

By filing this petition, the petitioner has prayed for following substantive reliefs:

a. Issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the R-2 to decide the Application MHA File No.2012060002 dated 05/01/2012 without going into hyper technically of procedural law within 4 weeks.

b.

Issue a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction thereby calling for the records and proceedings regarding online citizenship Application MHA File No.2012060002 dated 05/01/2012.

c.

Kindly direct the respondents not to take any coercive action against the petitioner till the disposal of this petition. 3.

For the present, we cannot go into the issue as to whether the respondents are sitting on hyper technicalities in the procedural law or not. However, Mr. T. John George is justified in contending that some time bound directions are required to be issued to respondent No.2 to decide petitioner's application MHA File No.2012060002 dated 05/01/2012, since, it is pending from the year 2012. 4.

Mr. Mahesh Amonkar, learned Standing Counsel for Central Government, on instructions, states that respondent No.2 will dispose of the aforesaid application on its own merits and in accord with law as expeditiously as possible and in any case within four weeks from today.

5.

We accept the aforesaid statement and direct the respondent No.2 to dispose of the petitioner's aforesaid application in accord with law and on its own merits as expeditiously as possible and in any case within four weeks from today. The respondent No.2 will have to communicate its decision to the petitioner within the said period. 6.

In case the petitioner is aggrieved with the decision of the respondent No.2 the petitioner, will have the liberty to challenge the same in accord with law before the appropriate forum.

7.

All contentions of the parties are kept open. 8.

The petition is disposed of in the aforesaid terms. There shall be not order as to costs.

R. N. LADDHA,J M. S. SONAK, J