Devidas Simepurushkar v. The State Of Goa Through Its Chief Secretary And 7 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 861 OF 2010 DEVIDAS SIMEPURUSHKAR ... Petitioner

Versus

THE STATE OF GOA THROUGH ITS CHIEF SECRETARY AND 7 ORS., ... Respondents Mr. J.P. Supekar, Advocate for the Petitioner. Mr. M. Salkar, Government Advocate for Respondent Nos.1 to 4.

Mr. Shivan Dessai, Advocate for Respondent Nos. 7 & 8. WITH Civil Application No.259/2012 WITH Misc. Civil Application No. 884/2013 Coram:- C. V. BHADANG & NUTAN D. SARDESSAI, JJ.

Date:- 27th September, 2019 P.C.:

Mr. J. Supekar, learned Counsel for the petitioner states that this petition was entertained as a Public Interest Litigation. However, it is submitted that the night club in respect of which certain grievances were raised by the petitioner is not operating as the excise license of the said club is cancelled and the club has been presently shut down. He therefore, seeks liberty to withdraw the petition with liberty to raise objection and /or to

WP/861/2010 take recourse to appropriate remedy, if any, as may be available in law and if so advised.

2. In the result, we allow the withdrawal of the petition in the facts and circumstances of the case with liberty as prayed.

3. The preliminary objections raised on behalf of respondent Nos. 7 and 8 are also left open.

4. In the circumstances of the case, there shall be no order as to costs.

NUTAN D. SARDESSAI, J.

C. V. BHADANG, J.

MF/-