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The State directed to follow the principles of natural justice before taking any action in case if adverse action causes no quarrel: The High Court of Bombay at Goa

The High Court of Bombay at Goa submitted that there can be no quarrel with the proposition that if adverse action is to be undertaken, the concerned party will definitely follow due process of law, allowing and offering an opportunity to the petitioner. The High Court of Bombay at Goa led through the single bench headed by Mr Justice Manish Pitale in the matter of Sujid D. Gokarnkar v. State of Goa [W.P/2324/2021].

The court after considering the urgency projected on behalf of the Petitioner, the court took cognizance at the end of the admission board for that day. The petition was mentioned by the learned Counsel appearing for the Petitioner, Mr Shivan Desai at 10:30 a.m. projecting extreme urgency in the matter. It is submitted by the petitioner’s side that Petitioner apprehends demolition of the shack being operated at the Arambol Beach Stretch. It is submitted that although no show cause notice was yet received, there were sufficient grounds for the Petitioner to apprehend such demolition of the shack.

The submission from the petitioner provided that there is a real possibility of the shack being operated at Arambol Beach Stretch by the petitioner, being demolished without even issuing a show-cause notice by the respondent authority.

The Advocate General submitted that there is sufficient material with the respondent, which indicated that the Petitioner is operating the shack from a location not allotted to the Petitioner.

The court concluded that the Petitioner seeks only a restraining order for Respondent no.2 from taking any coercive action in respect of the shack being operated by the petitioner at the Arambol Beach Stretch, without following the due process of law. Further, the court provided that there could be no quarrel with the proposition if adverse action is to be undertaken, the court believed that the respondent would definitely follow due process of law, including the issuance of show cause notice and providing an opportunity of hearing to the petitioner.

The court directed “the Writ Petition is disposed of in terms of prayer clause (a) by directing the Respondent authority to follow the principles of natural justice and to issue show cause notice to the Petitioner before taking any action in respect of the shack being operated by the Petitioner at the Arambol Beach Stretch.”

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Judgement reviewed by Pranav Vyas.

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