Research › Search › Judgment

Bombay High Court · body

2015 DIGILAW 2040 (BOM)

Raffles Square Development Pvt. Ltd. v. State of Goa

2015-08-31

F.M.REIS, K.L.WADANE

body2015
JUDGMENT F.M. REIS, J. 1. Heard Mr. Nitin Sardesai, learned Senior Counsel appearing for the petitioner and Mr. A.N. S. Nadkarni, learned Senior Counsel appearing for the respondents. 2. Rule. Heard forthwith, with the consent of the learned Counsel. Learned Counsel appearing for the respondents waives service. 3. Upon hearing the learned Counsel appearing for the respective parties, without going into the merits of the rival contentions, a short point for consideration before this Court is, whether the impugned Order dated 26th August, 2015 stands vitiated for the breach of the principles of natural justice as the petitioners were not given a hearing prior to passing of such orders ? 4. Mr. A.N.S. Nadkarni, learned Advocate General appearing for the respondents fairly states that in fact, the petitioners were not heard before such impugned orders came to be passed. In such circumstances, we find that the impugned order stands vitiated for the breach of the principles of natural justice. We clarify that we have examined the rival contentions only on this short point and not considered the merits of the alleged action initiated by the respondents. 5. In view of the above, we pass the following : ORDER (I) The impugned order dated 26th August, 2015 is quashed and set aside. (II) The respondents may proceed to take action against the petitioners, if so advised, after serving a show cause notice to the petitioners and giving the petitioners an opportunity of hearing, in accordance with law. All the contentions of the parties are left open. (III) Rule is made absolute in the above terms.