Bombay High CourtWP/233/2024dismissed for non prosecution

Domingos Dmello And ANR v. State, Thr. Chief Secretary And 7 ORS

2020-11-24Hon'Ble Shri Justice Sarang V. Kotwal , Hon'Ble Shri Justice Ashish S. Chavan5 pages

1 LD-VC-CW280, 281, 187, 188160, 256-2020

IN THE HIGH COURT OF BOMBAY AT GOA

LD-VC-CW-280-2020 Sadhu Lumu Kholkar .... Petitioner.

Versus

State of Goa & Ors.

.... Respondents.

Mr. Rohit Bras de Sa and Ms. V. Shetye, Advocates for the Petitioner.

Mr. D. Pangam, Advocate General with Ms. Ankita Kamat, Addl. Government Advocate for the Respondent no.1.

Ms. Mehandi A. Naik Desai, Advocate for the Respondent No.3. LD-VC-CW-281-2020 WITH LD-VC-OCW-187-2020 WITH LD-VC-OCW-188-2020 Bharat Fotu Naik and ors.

.... Petitioners.

2 LD-VC-CW280, 281, 187, 188160, 256-2020

Versus

State of Goa & Ors.

.... Respondents.

Mr. B. Pacheco holding for Mr. Niges da Costa Frias, Advocate for the Petitioners.

Mr. S. S. Kantak, Senior Advocate with Mr. Preetam Talaulikar, Advocate for the Respondents.

Ms. Mehandi A. Naik Desai, Advocate for the Respondent No.3. LD-VC-OCW-160-2020 IN LD-VC-CW-256-2020 Domingo Dmello & anr.

.... Petitioner.

Versus

State of Goa & Ors.

.... Respondents.

Mr. S.D.Lotlikar, Sr. Advocate with Mr. J. Karn, Advocate for the Petitioners.

Mr. D. Pangam, Advocate General with Ms. Ankita Kamat, Addl. Government Advocate for the Respondent Nos.1 to 6.

3 LD-VC-CW280, 281, 187, 188160, 256-2020 Coram : M. S. SONAK, & SMT. M. S. JAWALKAR,JJ.

Date : : 24th November, 2020 P.C.:

Heard the learned Counsel for the parties.

2. It is pointed out that the matter at sr.no.14 on the Cause list (LD-VC-OCW-160-2020 in LD-VC-CW-256-2020) has already been admitted.

3. At the time of admission, it was made clear that the elections to the managing committee, will be subject to any further orders, in this petition.

4. The matters at sr. nos. 5 and 6 (LD-VC-CW-280-2020 and LD-VC-CW-281-2020) also concern, inter alia elections, to the very same managing committee.

5. Accordingly, we issue Rule in the matters, at sr. nos.5 and 6 (LD-VC-CW-280-2020 and LD-VC-CW-281-2020) as well.

4 LD-VC-CW280, 281, 187, 188160, 256-2020

6. In the matter at sr. no.6 (LD-VC-CW-281-2020), there are two miscellaneous applications, (LD-VC-OCW-187-2020 and LD-VC-OCW-188-2020) seeking amendment of the petition and joinder of some parties. Since the applications are not opposed, they are granted. Even otherwise, this amendment deserves to be allowed. The two miscellaneous applications are disposed of accordingly.

7. Necessary amendment to be carried out within two weeks from today and copies of the amended petition, to be served on the learned Counsel, for the respondents.

8. However, taking cognizance of the submissions made, by Mr. Rohit Bras de Sa, learned Counsel, we post this matters for final hearing, at an early date. But, it is once again made clear that any decision which the managing committee now take, is subject to further decisions in this matters.

9. The respondents to file their responses to these petitions latest by 31.12.2020. Copies of such responses to be furnished to the learned Counsel for the petitioners. If no such responses are filed by 31.12.2020, it will be taken that the respondents do not contest the factual averments made in the petitions.

5 LD-VC-CW280, 281, 187, 188160, 256-2020

10. If the petitioners wish to file rejoinder, they may do so by 08.01.2021.

11. Place all these petitions for final hearing in the week commencing from 18.01.2021 subject to overnight part heard matters.

12. The miscellaneous applications in the matter at sr.no.6 are disposed of and the main matters to be posted for final hearing in the week commencing from 18.01.2021, subject to overnight part heard.

SMT.M.S.JAWALKAR, J. M. S. SONAK, J. MF/- VAIGANKAR ESHA SAINATH Date: 2020.11.24 17:35:49 +05'30'

VAIGANKAR ESHA SAINATH