High CourtsDIVISON BENCH(2017) 01 BOM CK 0163

Mr. Gaurang Mangesh Suctancar, son of Mr. Mangesh S. Suctankar vs State of Goa, through Chief Secretary, Government of Goa, & Anr.

Bombay High Court · Decided on 5 January 2017

HON’BLE JUDGES
F. M. Reis, Nutan D. Sardessai
CASE NUMBER
7 of 2017

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Judgment

11 paragraphs · 202 words
1.

Heard Shri S. Desai, learned Advocate appearing for the petitioner and Shri S. D. Lotlikar, learned Advocate General appearing for the respondents.

2.

Rule.

3.

Heard forthwith with the consent of the learned Counsel appearing for the parties.

4.

The learned Addl. Govt. Advocate waives notice on behalf of the respondents.

5.

Upon hearing the learned Counsel appearing for the respective parties, the main grievance of Shri S. Desai, learned Counsel appearing for the petitioner is that the impugned order dated 27.10.2016 passed by the respondent no. 2 was without giving a hearing to the petitioner.

6.

Shri S. D. Lotlikar, learned Advocate General submits that the petitioner shall be given an opportunity of being heard before a fresh decision is taken on the application filed by the petitioner for mutation dated 12.5.2016.

7.

Hence, we passe the following order:- ORDER

(i) The impugned order dated 27.10.2016 is quashed and set aside.

(ii) The respondent no.2 is directed to decide the application dated 12.5.2016 afresh within three months after giving an opportunity to the petitioner of being heard in accordance with law.

(iii) All the contentions of both the parties on merits are left open.

(iv) Rule stands disposed off accordingly.