Disposed

Mrs. Ivy D'Costa v. State of Goa, Thru Chief Secretary and 3 Ors.

Bombay HC12 Jan 2012WP/803/2011

Case brief

AI extract

What is this about?

In a writ petition seeking direction to enforce a notice to close business premises, the High Court of Bombay at Goa set aside the petition and directed the State Government to dispose of the pending municipal appeal expeditiously by May 30, 2012.

What did the court decide?

Writ petition disposed; State Government directed to dispose municipal appeal by 30.05.2012.

Mrs. Ivy D'Costa Vs State of Goa, Thru Chief… — Writ and Judicial Review | Bombay HC (2012)

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IN THE HIGH COURT OF BOMBAY AT GOA

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WRIT PETITION NO. 803 OF 2011

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MRS. IVY D'COSTA ... Petitioner Versus STATE OF GOA, THRU CHIEF SECRETARY AND 3 ORS., ... Respondents

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Mrs. Winnie Coutinho, Advocate for the petitioner.

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Mr. P. Talaulikar, Additional Government Advocate for respondent nos. 1 and 2.

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Mr. S. Dessai, Advocate for respondent no. 3.

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Mr. Nigel Costa Frias, Advocate for respondent no. 4.

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Coram:A. P. LAVANDE &

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U. V. BAKRE, JJ.

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Date:12th January, 2012

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P.c.

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Heard Mrs. Winnie Coutinho, learned Advocate for the petitioner, Mr. P. Talaulikar, learned Additional Government Advocate for respondent nos. 1 and 2, Mr. S. Dessai, learned Advocate for respondent no. 3 and Mr. Nigel Costa Frias, learned Advocate for respondent no. 4.

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By this petition, the petitioner seeks direction against respondent no. 3 to implement final notice dated 17.10.2011. By the said notice respondent no. 3 called upon respondent no. 4 to close the operation of business in the premises bearing no.13/177/13 on or before 28.10.2010 failing which respondent no.3 threatened to take action including sealing of the premises.

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On behalf of respondent no. 4, Mr. Costa Frias learned

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Advocate submitted that respondent no. 4 has filed an Municipal Appeal bearing no.MIN(UD)09/11/450 before the State Government which is pending before Hon'ble Minister for Urban Development, State of Goa. In view of the pendency of the appeal, we are not incline to grant the relief sought by the petitioner. Mr. Costa Frias, further submits that State Government be directed to dispose of Municipal Appeal bearing No.MIN(UD)09/11/450 preferred by respondent no. 4 expeditiously.

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Considering the facts and circumstances, we direct State Government to dispose of the Municipal Appeal bearing No.MIN(UD)09/11/450 expeditiously and in any case on or before 30.5.2012.

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Writ Petition stands disposed of.

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A. P. LAVANDE, J.

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U. V. BAKRE, J.

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Mrs. Ivy D'Costa v. State of Goa, Thru Chief Secretary and 3 Ors.

Case brief

What is this about?

What did the court decide?

Mrs. Ivy D'Costa v. State of Goa, Thru Chief Secretary and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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