Disposed

Mr. Falcon Francisco De Mello and Anr., v. the State of Goa through the Chief Secretary and 3 Ors.

Bombay HC14 Feb 2014WP/757/2013

Case brief

AI extract

What is this about?

In a writ petition, the High Court of Bombay at Goa directed a municipal authority to decide a trade licence application within 30 days and restrained the applicant from trading pending disposal.

What did the court decide?

Respondent no.3 directed to decide the trade licence application within 30 days; petitioner restrained from trade until disposal.

Mr. Falcon Francisco De Mello and Anr., Vs the State of Goa through the Chief Secretary and 3 Ors. — Bombay HC (2014) — LawSathi Research

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IN THE HIGH COURT OF BOMBAY AT GOA

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WRIT PETITION NO. 757 OF 2013

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MR. FALCON FRANCISCO DE MELLO AND ANR., ... Petitioners Versus THE STATE OF GOA THROUGH THE CHIEF SECRETARY AND 3 ORS., ... Respondents

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Mr. Nigel D'Costa Frias, Advocate for the petitioner. Mr. V. Rodrigues, Additional Government Advocate for respondents no.1 and 2 Mr. R. Rao, Advocate for respondent no.4. Respondent no.3 absent.

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Coram:U. V. BAKRE, J. Date:14th February, 2014

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P.C.

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Affidavit filed on behalf of respondent no.4 is taken on record. 2. Heard Mr. Costa Frias, learned Counsel for the petitioner, Mr. Rodrigues, learned Additional Government Advocate for respondents no.1 and 2 and Mr. Rao, learned Counsel for respondent no.4.

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Respondent no.3, vide final notice no.6/176/T&O/CCP/2006 -07/2644 dated 30/08/2007 directed respondent no.4 to stop trade activity and vacate the shop premises i.e. shop no.1, ground floor, Municipal House No.11/89/9, Star Apartment, 2001 Co-operative Housing Society Ltd., St Inez, Panaji by removing all the unauthorised sales goods stored by her therein, including the sign board displayed by her within 7 days from the date of receipt of the notice, failing which respondent no.3 may seal the premises, without further reference.

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Aggrieved by the said final notice, respondent no.4 filed Municipal Appeal No.MIN(UD)/10/07 before respondent no.2 and by judgment and order dated 11/06/2003, respondent no.2 has allowed the said appeal and has set aside the said final notice with directions to respondent no.3 to consider the case of respondent no.4 for trade licence, since respondent no.4 is in possession of the suit premises. This order is impugned in the present petition.

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Parties have agreed for disposal of the present petition by following order :

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ORDER

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(a) Respondent no.3 shall decide the application dated 01/03/2004 made by respondent no.4 to respondent no.3 , in accordance with law, within a period of 30 days from the date of receipt of this order.

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(b)� Till date of disposal of the said application by respondent no.3, respondent no.4 shall not carry on trade activity in the said shop premises.

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(c)� All the contentions of the parties are kept open.

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The petition stands disposed of accordingly.

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U. V. BAKRE, J.

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SMA

Mr. Falcon Francisco De Mello and Anr., v. the State of Goa through the Chief Secretary and 3 Ors.

Case brief

What is this about?

What did the court decide?

Mr. Falcon Francisco De Mello and Anr., v. the State of Goa through the Chief Secretary and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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Coram

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