A two-judge bench granted an extension of six weeks in a writ petition, refusing a six-month extension as the inquiry report had already been submitted by the Collector.
The petitioner was granted an extension of time of six weeks only; a petition for six months extension was refused.
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mca818-19dt. 25-11-19
Santosh
IN THE HIGH COURT OF BOMBAY AT GOA
MISC. CIVIL APPLICATION NO.818 OF 2019
IN
WRIT PETITION NO.688 OF 2018
Ministry of Home Affairs.
….. Applicant.
Versus
Aleixo Arnolfo Pereira & others.…..
Respondents.
Mr. Mahesh Amonkar, Standing Counsel for the Applicant.
Respondent No.1 in person.
Mr. P. Arolkar, Additional Govt. Advocate for Respondents No.2 &
3.
Coram : M.S. Sonak &
Prithviraj K. Chavan, JJ.
Date : 25th November, 2019.
P.C.:
Heard Mr. Amonkar, Standing Counsel for the Applicant,
Mr. Aleixo Pereira-Respondent No.1 who appears in person and Mr.
Arolkar for Respondents No. 2 and 3.
2. From the record, we find that already sufficient time has
been granted to the Applicant. In our order dated 10th January,
2019, three months time had been granted. This was again extended
by three months. In such circumstances, there is no justification to
seek further extension of six months.
2 mca818-19dt. 25-11-19
3. In any case, the extension by six months was sought for on
the basis that the Collector has to complete an inquiry and submit a
report. Mr. Arolkar, learned Additional Govt. Advocate points out
that the Collector has already submitted a report on 13th November,
2019, to the Applicant. This means that the Applicant, on the basis
of such report, has to now only take a decision in the matter.
4. Accordingly, we extend the time by a period of six weeks
from today. We make it clear that no further extension will be
granted.
5. This civil application is disposed of in the aforesaid terms.
Prithviraj K. Chavan, J. M.S. Sonak, J.
1 issue framed by the court
Whether a further extension of six months is justified given that the Collector has already submitted the report.
Ministry of Home Affairs
Aleixo Arnolfo Pereira
Respondent No.2
Respondent No.3
M.S. Sonak
Prithviraj K. Chavan
As recorded by the court registry
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