Johnson Jose Fernandes And 6 ORS., v. State Of Goa, Thr. Its Chief Secretary And 4 ORS.,

Andreza

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 260 OF 2024 Johnson Jose Fernandes & 6 Ors.

... Petitioners V e r s u s

1. State of Goa, Through its Chief Secretary, & 4 Ors.

...Respondents

Mr. Siddharth Nunes and Mr. Ashish Kamat, Advocates for the Petitioners.

Ms. Sulekha Kamat, Additional Government Advocate the Respondent nos. 1 to 4-State.

Mr. Nigel Fernandes, Advocate for the Respondent no.5. _______________________

CORAM:

M. S. KARNIK & VALMIKI MENEZES, J DATE :

7th October, 2024 _______________________ P.C.

1.

Heard Mr. Nunes, learned Counsel for the petitioners and Ms. Kamat, learned Additional Government Advocate for the Respondents-State.

2.

A communication dated 4.04.2024, addressed by the State Registrar-cum-Head of Notary Services, to the Under Secretary (Estt), Department of Law & Judiciary, Law (Establishment)

Division, Secretariat, Porvorim, Goa, is placed on record. The communication reads thus :

"No.REG/Society/2024/9-18 Dated:04/04/2024 To, The Under Secretary (Estt), Department of Law & Judiciary, Law (Establishment) Division, Secretariat, Porvorim, Goa.

Sub: Renewal of Certificate of Registration of All Goa Toddy Tappers Employers Association and its reference to Govt.

Under Section 3 (C) of Society Registration Act 1860 (Goa Second Amendment Act, 1998).

Sir, This is with reference to letter No. 8/88/2023LD (Estt)/27 dated 03/01/2024, Renewal of Certificate of Registration of All Goa Toddy Tappers Employers Association and its reference to Govt. Under Section 3 (C) of Society Registration Act 1860 (Goa Second Amendment Act, 1998).

In this regards, comments were sought from District Registrar (North), vide letter No. DRN/RS/20/2024 dated 28/02/2024, wherein it has been submitted that, the Renewal application with the name "All Goa Toddy Tappers Employers Association" may be take into consideration.

This is for further necessary action.

Yours faithfully, sd/- (Parag M. Nagarcenkar) State Registrar cumHead of Notary Services Encl: As above."

3.

Enclosed with this communication is a letter dated 28.04.2023 of the State Registrar-cum-Head of Notary Services, to the Under Secretary (Estt), Department of Law & Judiciary, Law (Establishment) Division, Secretariat, Porvorim, Goa, for renewal of Certificate of Registration of All Goa Toddy Tappers Employers Association and its reference to Government Under Section 3(C) of Society Registration Act 1860 (Goa Second Amendment Act, 1998). In the said communication, it has been mentioned that the matter of

renewal of registration of society is submitted for appropriate decision by the Government under Section 3(C) of Societies Registration Act, 1860.

4.

In our opinion, considering that the issue has been submitted for appropriate decision by the Government under Section 3(C) of the Societies Registration Act, 1860, for the present, the petition can be disposed of by directing the State Government to take a decision on the communication dated 28.04.2023 within a period of four weeks from the date when this order is placed on record for consideration. 5.

All contentions in this petition are kept open. We have not expressed any opinion on the merits of the case. 6.

The petition is disposed of. No order as to costs. 7.

All contentions raised in the petition are kept open. We have not expressed any opinion on the contentions raised in the petition. VALMIKI MENEZES, J M. S. KARNIK, J Signed by: ANDREZA RODRIGUES EPEREIRA Designation: Private Secretary Date: 09/10/2024 15:42:47