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Bombay High CourtWP/198/2024disposed of

Gopiki Soma Lingudkar v. The Deputy Collector And Sdo Pernem Taluka And 4 ORS

2024-12-04Hon'Ble Shri Justice Valmiki Menezes2 pages

WP 198 of 2024 Sonam

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.198 OF 2024 GOPIKI SOMA LINGUDKAR ... PETITIONER

Versus

THE DEPUTY COLLECTOR AND SDO PERNEM TALUKA AND 4 ORS ... RESPONDENTS Ms. Nicole Mayekar, Advocate for the Petitioner. Mr. Deepak Gaonkar, Advocate for Respondent Nos. 2 and 3. Ms. Sulekha Kamat, Additional Government Advocate for Respondent Nos.1 and 5.

CORAM:- BHARAT P. DESHPANDE, J.

DATED :- 4th December, 2024 P.C.:

1. The report of the Collector North Goa dated 15.10.2024, seems to be an attempt to save concerned officers with regards to issuance of the Judgment and Order. At one stage it is claimed that the Judgment and Order dated 16.10.2023 was passed and ready in the file, it is clear that such an order was not issued to the parties till 06.01.2024. The Roznama copy was issued to the Petitioner when he applied for the certified copy of Judgment and Order. It is clear case to show that on 16.12.2023 only the Roznama order was passed allowing the said Appeal. The reasoned order, copy of which was furnished to the Petitioner only on 06.01.2024, was not handed over when the certified 4th December, 2024

WP 198 of 2024 copy of the Roznama was issued. There is no explanation as to why the copy of the reasoned order was not furnished to the Applicant/Petitioner when he in fact applied for the certified copy immediately on the same day. There is no explanation as to why certified copy was issued on 06.01.2024.

2. Accordingly, the report of the Collector, North Goa cannot be accepted as compliance. Request is therefore made to the Chief Secretary to look into the matter as it is serious when the authority who passed the order has not handed over the certified copy to the parties and such orders are passed only in the Roznama but, later on reasoned orders are placed on record. Let the Chief Secretary of Goa look into the matter and take appropriate action.

3. Stand over to 08.01.2025.

BHARAT P. DESHPANDE, J.

4th December, 2024