Disposed

Bharat Hotels Ltd., Rep. by Ankur Saluja., v. State of Goa, Thr. the Secretary (Home), Govt. of Goa and 2 Ors.

Bombay HC9 Mar 2020WP/149/2020

Case brief

AI extract

What is this about?

The Goa High Court issued a rule returnable forthwith. The court accepted the respondents' assurance to dispose of the unenforced show cause notice afresh with a hearing and directed suspension of the demand notice.

What did the court decide?

Direct to dispose of show cause notice afresh after hearing; stay enforcement of demand notice and ail subsequent adverse decision for two weeks.

Bharat Hotels Ltd., Rep. by Ankur Saluja., Vs State… — Writ and Judicial Review | Bombay HC (2020)

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1 WP No.149/20 dtd.09.03.20

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Suchitra

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IN THE HIGH COURT OF BOMBAY AT GOA

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WRIT PETITION NO.149 OF 2020

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Bharat Hotels Limited,
with its registered office at
Barakhamba Lane, New Delhi,
110001, having its local office at
Raj Baga, Canacona, Goa 403702,
represented by Mr. Ankur Saluja,
Executive Assistant Manager,
41 years old, Indian National,
residing at The Lalit Golf and
Spa Resort Goa, Raj Baga, Canacona,
Goa 403702, duly authorized vide
Resolution of the Board of Directors
dated 21-11-2019 bearing
No.BM/2019-2020/23.... Petitioner

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 Versus

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1. State of Goa,
 through the Secretary (Home),
 Government of Goa,
 with office at Secretariat,
 Porvorim, Bardez, Goa.

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2. State of Goa,
 through the Under Secretary (Home),
 Government of Goa,
 with office at Secretariat,
 Porvorim, Bardez, Goa.

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3. The Mamlatdar of Canacona Taluka
 with office at Government Complex,
 Canacona, Goa.... Respondents

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2 WP No.149/20 dtd.09.03.20

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Mr. J. Coelho Pereira, Senior Advocate along with Mr. Sagar B.
Rivankar, Advocate for the Petitioner.

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Mr. Deep Shirodkar, Addl. Government Advocate for Respondents
No.1, 2 and 3.

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Coram:- M.S. SONAK &
 SMT. M. S. JAWALKAR, JJ.

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Dated:- 9th March, 2020

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ORAL JUDGMENT(Per M. S. Sonak, J.)

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Heard Mr. J. Coelho Pereira, Senior Advocate along with
Mr. Sagar B. Rivankar for the Petitioner and Mr. Deep Shirodkar,
Additional Government Advocate for Respondents No.1, 2 and 3.

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2. Rule. Rule is made returnable forthwith at the request and with the consent of the learned counsel for the parties.

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3. On 18.02.2020 we made the following order in this matter:-

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“Heard Mr. Coelho Pereira, the learned Senior Counsel along
with Mr. Vledson Braganza, the learned Counsel for the
petitioner and Mr. Devidas Pangam, the learned Advocate
General with Mr. Deep Shirodkar, the learned Additional
Government Advocate for the respondents.

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2.The petitioner states that show cause notice dated
16.11.2015, issued to the petitioner was never disposed off and
despite such non-disposal, notice of demand was served upon
the petitioner demanding Rs.53,22,874/-. There is also an
averment that the petitioner was never granted any personal
hearing in the matter.

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3 WP No.149/20 dtd.09.03.20

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3.Mr. Pangam, the learned Advocate General pointed out
that order dated 07.06.2016, disposing off the show cause
notice, shows that personal hearing in the matter was given by
the Under Secretary, wherein Shri Joaquim Martins filed a
detailed reply to the show cause notice dated 18.01.2015.

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4.Mr. Pereira, the learned Senior Counsel, on instructions,
states that this order dated 07.06.2016 was never served upon
the petitioner and further, no personal hearing was given in the
matter.

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5.Accordingly, the concerned respondents to file an affidavit
in relation to the service of the order dated 07.06.2016 and on
the issue of personal hearing. Such affidavit to be filed by
25.02.2020 and advance copy of the same to be furnished to the
learned Counsel appearing for the petitioner. Rejoinder, if any,
to be filed by 06.03.2020.

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6. Place the matter for further consideration on 09.03.2020.”

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4. Today, the learned Advocate General fairly states that the order
dated 07.06.2016 purporting to dispose of the show cause notice dated
16.11.2015 was never communicated to the petitioners. He further
states that the order dated 07.06.2016 will not be acted upon and
instead, the show cause notice dated 16.11.2015 will now be disposed
of afresh after afford of opportunity of hearing to the petitioners. He
states that the Under Secretary (Home) will now dispose of the show
cause notice dated 16.11.2015 after giving hearing to the petitioners.

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5. According to us, the aforesaid statement, which we accept as a

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4 WP No.149/20 dtd.09.03.20

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statement made to this Court, will substantially protect the interest of
the petitioners. We further direct that the show cause notice dated
16.11.2015 shall now be disposed of without, in any manner, being
influenced by the order dated 07.06.2016.

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6. Until, the show cause notice is disposed of and in case, the
decision is adverse to the petitioners, for a period of two weeks from
the date of its communication to the petitioners, the adverse decision
will not be acted upon. Needless to add that the demand notice dated
13.01.2020 will not be enforced, now that the show cause notice dated
16.11.2015 is to be freshly disposed of.

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7. All contentions of all parties are expressly kept open. Rule is disposed of in the aforesaid terms.

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8. The petitioners will appear before the Under Secretary (Home) on 16.03.2020 at 11.30 a.m. so that, the date for hearing can be fixed.

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9. All concerned to act on the basis of an authenticated copy of this order.

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 SMT. M. S. JAWALKAR, J. M. S. SONAK, J.

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Bharat Hotels Ltd., Rep. by Ankur Saluja., v. State of Goa, Thr. the Secretary (Home), Govt. of Goa and 2 Ors.

Case brief

What is this about?

What did the court decide?

Bharat Hotels Ltd., Rep. by Ankur Saluja., v. State of Goa, Thr. the Secretary (Home), Govt. of Goa and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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