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2019 DIGILAW 624 (BOM)

LADU MAHADEV NAIK, SON OF MAHADEV NAIK v. STATE OF GOA

2019-03-04

M.S.SONAK, PRITHVIRAJ K CHAVAN

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JUDGMENT : M. S. SONAK, J. 1. Heard Mr. S. N. Joshi, Advocate for the Petitioners and Mr. D. Lawande, Advocate General for the respondents. 2. Rule. With the consent and at the request of the learned Counsel for the parties, Rule is made returnable forthwith. 3. Mr. A. Prabhudessai, learned Additional Government Advocate waives notice on behalf of the respondents. 4. Consequent upon our order in Civil Application(Review) no.9/2019. We have recalled our earlier order dated 21.2.2019 and restored the present petition. 5. Mr. Joshi, learned Counsel for the petitioners, pointed out that the issue raised in the present petition stands covered by the judgment and order dated 11.1.2019 in Writ Petition No.889/2018. This position is not disputed by the learned Advocate General who appears for respondents except to point out that in the present case no recovery certificates were issued, certificate of recovery amount seeking to recover an amount from the petitioner. 6. Taking into consideration the aforesaid position, we direct that the petitioners in Writ Petition No.220/2019 be granted the same benefits as have been granted to the petitioners in Writ Petition No.889/2018. Accordingly, reasoning in our order dated 11.1.2019 in Writ Petition No.889/2018 is adopted in the present case as well. 7. Rule is made accordingly absolute in the aforesaid terms. There shall be no order as to costs. 8. All concerned to act on the basis of the authenticated copy of his order.