Redstone Spaces A Proprietorship Represented By Its Proprietor Shri. Shakeel Ladak. Thro. P.O.A. v. Mr.Peter Paul D'Souza And 4 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 921 OF 2015 REDSTONE SPACES A PROPRIETORSHIP REPRESENTED BY ITS PROPRIETOR SHRI. SHAKEEL LADAK. THRO. P.O.A.

... Petitioner

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MR.PETER PAUL D'SOUZA AND 4 ORS., ... Respondents Mr. Parag Rao, Advocate for the Petitioner.

Ms. V. Shetye, Advocate for the Respondent nos. 1 to 3. Mr. S. S. Rebello, Addl. Government Advocate for the Respondent no. 5.

Coram:- K. L. WADANE, J.

Date:- 21st December, 2015 P.C.

Heard the learned Counsel appearing for the respective parties. None appeared for the Respondent no.4 though served with the notice.

2. During the course of arguments, it was made clear that the present Petitioner was not a party to the proceedings in which the impugned Order is passed. The passing of the Order against a person without bearing is absolutely a breach of natural justice. Therefore, the impugned Order has to be set aside. The Officer of the Authority i.e. Respondent no. 5, who is present in Court in person, makes a statement that he would decide the matter within a period of four months.

WP/921/2015

3. Hence, the impugned Order dated 02.11.2015 is hereby quashed and set aside. The Respondent no. 5 is directed to decide the Appeal within a period of four months. All the contentions of the parties are left open.

4. Writ Petition is disposed of.

K. L. WADANE, J.

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