Sudip Narayan Tamankar And ANR v. The State Of Goa, Thr. Its Chief Secretary And 2 ORS.,

WP 14 of 2024 Santosh

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.14 OF 2024 SUDIP NARAYAN TAMANKAR AND ANR ... PETITIONERS

Versus

THE STATE OF GOA, THR. ITS CHIEF SECRETARY AND 2 ORS., ... RESPONDENTS Mr Dattaprasad Lawande, with Mr Shulin S. Sinai Singbal, Advocates for the Petitioners.

Mr D.J. Pangam, Advocate General with Mr N. Vernekar, Addl. Govt. Advocate for Respondents No.1, 2 and 3. CORAM:- M. S. SONAK & VALMIKI SA MENEZES, JJ.

DATED :- 31st January, 2024 P.C.:

1. Heard Mr Dattaprasad Lawande, who appears along with Mr S. Singbal for the Petitioners. The learned Advocate General appears along with Mr N. Vernekar, Addl. Govt. Advocate for the Respondents.

2. Mr Lawande, on instructions, seeks leave to withdraw this Petition with liberty to file a fresh petition to challenge the Seasonal Pass Scheme for Daily Commuters and Students by Kadamba Transport Corporation Limited.

3. Mr Lawande states that the Petitioners will also make a 31st January, 2024

WP 14 of 2024 representation to the Respondents regards the dues payable to the Petitioners under the Goa State Fuel Subsidy to Private State Carriage Operators Scheme 2014.

4. Accordingly, we grant the Petitioners leave to withdraw the Petition, with liberty to challenge the Seasonal Pass Scheme. In so far as the representation for dues is concerned, we grant the Petitioners liberty, but by clarifying that this liberty is not to be used as some kind of defence to get over the period of limitation, etc. All contentions of all parties regards the entitlement to recover such dues or defences like limitation, are specifically kept open.

5. The Petition is disposed of with limited liberties as above.

6. There shall be no order for costs. VALMIKI SA MENEZES, J.

M. S. SONAK, J.

SANTOSH S MHAMAL Date: 2024.01.31 17:54:22 +05'30'

SANTOSH S MHAMAL 31st January, 2024