Linet Nunes., v. Village Panchayat Of Anjuna-Caisua, Thr. Its Secretary And 2 ORS.,

1 wp933-17dt.27-11-17 Santosh

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.933 OF 2017 Linet Nunes.

....... Petitioner V/s.

Village Panchayat of Anjuna-Caisua ....... Respondents. Mr. Nitin Sardessai, Senior Advocate with Mr. Shivan Desai, Advocate for the Petitioner.

Mr. A. D. Bhobe, Advocate for Respondent No.1. Mr. D. Shirodkar, Additional Govt. Advocate for Respondent No.2. Coram : THE CHIEF JUSTICE N.M. JAMDAR, J.

Date : 27 November 2017.

P.C.:

The Petitioner is before us challenging rejection of the renewal of an NOC to run the restaurant under the name and style of "Curlis" for the year 2015-16. The main contention seems to be the delay in disposing of the application and thereafter delay in getting the Appeal disposed of which would take more than a year. The Petitioner's contention is that every time when the Petitioner applies for grant of an NOC, by the time the application or the Appeal is heard and disposed of, the next year for such application

2 wp933-17dt.27-11-17 would come. Therefore, the very purpose of filing an Appeal does not survive.

2. Apparently, an Appeal No. BDO-II-BAR/201(A)/13/2017 is pending before the Block Development Officer, Bardez, in respect of the years 2016-17 and 2017-18. Since, it is a Common Order, we are of the opinion that the Block Development Officer shall consider the Appeal as an Appeal for the year 2015-16 also. If the Block Development Officer disposes of the Appeal within a reasonable time, then the Petitioner can think of further course of action.

3. Accordingly, the Petition is disposed of directing the Block Development Officer, Bardez to dispose the Appeal within a period of one month from today. All contentions of the parties are kept open.

N.M. JAMDAR, J. THE CHIEF JUSTICE.